STATE OF NEW YORK
________________________________________________________________________
467
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the general municipal law, in relation to prohibiting
wireless communication facilities on school property
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general municipal law is amended by adding a new
2 section 79 to read as follows:
3 § 79. Prohibition of wireless communication facilities; school proper-
4 ty. 1. A municipal corporation or other entity having the authority to
5 issue a permit or license to authorize the placement, erection or
6 construction of a wireless communication facility shall prohibit such
7 placement, erection or construction of such facilities on school grounds
8 or buildings unless the applicant for the placement, erection or
9 construction of a wireless communication facility shall, in addition to
10 compliance with any other local, state or federal requirement:
11 a. demonstrate a compelling reason for the placement of the tower on
12 school property;
13 b. prove it is a wireless telecommunications provider with a valid
14 Federal Communications Commission license to provide service to the
15 area;
16 c. present proof that alternative sites have been considered and that
17 the school property is the only site which will not result in signif-
18 icant gaps in coverage that would otherwise exist if a facility was
19 placed on any of the alternative sites; and
20 d. demonstrate that the facility shall emit the lowest radiofrequency
21 emission level practicable.
22 2. For the purposes of this section, "wireless communication facility"
23 shall mean an unstaffed facility used in the receipt and transmission of
24 wireless telephone service, including, but not limited to, antennas,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00236-01-9
A. 467 2
1 ancillary telecommunications equipment and telecommunications towers and
2 poles.
3 § 2. This act shall take effect on the one hundred eightieth day after
4 it shall have become a law.
