KRS 100.987: Local government may plan for and regulate siting of cellular antenna

towers -- Duties of utility or company proposing to construct antenna tower --

Confidentiality of information contained in application -- Duties and powers of

planning commission -- Co-location -- Public Service Commission approval of

cellular antenna towers on certain properties of the state or instrumentality of

the state.

(1) A planning unit as defined in KRS 100.111 and legislative body or fiscal court that

has adopted planning and zoning regulations may plan for and regulate the siting of

cellular antenna towers in accordance with locally adopted planning or zoning

regulations in this chapter, except as otherwise provided in this section.

(2) Every utility or a company that is engaged in the business of providing the required

infrastructure to a utility that proposes to construct an antenna tower for cellular

telecommunications services or personal communications services within the

jurisdiction of a planning unit that has adopt ed planning and zoning regulations in

accordance with this chapter shall:

(a) Submit a copy of the applicant's completed uniform application to the

planning commission of the affected planning unit to construct an antenna

tower for cellular or personal tel ecommunications services. The uniform

application shall include a grid map that shows the location of all existing

cellular antenna towers and that indicates the general position of proposed

construction sites for new cellular antenna towers within an area that includes:

1. All of the planning unit's jurisdiction; and

2. A one -half (1/2) mile area outside of the boundaries of the planning

unit's jurisdiction, if that area contains either existing or proposed

construction sites for cellular antenna towers;

(b) Include in any contract with an owner of property upon which a cellular

antenna tower is to be constructed, a provision that specifies, in the case of

abandonment, a method that the utility will follow in dismantling and

removing a cellular antenna tower, including a timetable for removal; and

(c) Comply with any local ordinances concerning land use, subject to the

limitations imposed by 47 U.S.C. sec. 332(c), KRS 278.030, 278.040, and

278.280.

(3) All information contained in the application and any updates, except for any map or

other information that specifically identifies the proposed location of the cellular

antenna tower then being reviewed, shall be deemed confidential and proprietary

within the meaning of KRS 61.878. The local planning commission shall deny any

public request for the inspection of this information, whether submitted under

Kentucky's Open Records Act or otherwise, except when ordered to release the

information by a court of competent jurisdiction. Any person violating this

subsection shall be guilty of official misconduct in the second degree as provided

under KRS 522.030.

(4) After an applicant's submission of the uniform application to construct a cellular

antenna tower, the planning commission shall:

(a) Review the uniform applic ation in light of its agreement with the

comprehensive plan and locally adopted zoning regulations;

(b) Make its final decision to approve or disapprove the uniform application; and

(c) Advise the applicant in writing of its final decision within sixty (60 ) days

commencing from the date that the uniform application is submitted to the

planning commission or within a date certain specified in a written agreement

between the local planning commission and the applicant. If the planning

commission fails to issue a final decision within sixty (60) days and if there is

no written agreement between the local planning commission and the

applicant to a specific date for the planning commission to issue a decision,

the uniform application shall be deemed approved.

(5) If the planning commission disapproves of the proposed construction, it shall state

the reasons for disapproval in its written decision and may make suggestions which,

in its opinion, better accomplish the objectives of the comprehensive plan and the

locally adopted zoning regulations. No permit for construction of a cellular or

personal communications services antenna tower shall be issued until the planning

commission approves the uniform application or the sixty (60) day time period has

expired, whichever occurs first.

(6) The planning commission may require the applicant to make a reasonable attempt to

co-locate additional transmitting or related equipment. A planning commission may

provide the location of existing cellular antenna towers on which the c ommission

deems the applicant can successfully co -locate its transmitting and related

equipment. If the local planning commission requires the applicant to attempt co -

location, the applicant shall provide the local planning unit with a statement

indicating that the applicant has:

(a) Successfully attempted to co -locate on towers designed to host multiple

wireless service providers' facilities or existing structures such as a

telecommunications tower or another suitable structure capable of supporting

the ap plicant's facilities, and that identifies the location of the tower or

suitable structure on which the applicant will co -locate its transmission and

related facilities; or

(b) Unsuccessfully attempted to co -locate on towers designed to host multiple

wireless service provider's facilities or existing structures such as a

telecommunications tower or another suitable structure capable of supporting

the applicant's facilities and that:

1. Identifies the location of the towers or other structures on which the

applicant attempted to co-locate; and

2. Lists the reasons why the co-location was unsuccessful in each instance.

(7) The local planning commission may deny a uniform application to construct a

cellular antenna tower based on an applicant's unwillingness to attempt to co-locate

additional transmitting or related equipment on any new or existing towers or other

structures.

(8) In the event of co -location, a utility shall be considered the primary user of the

tower, if the utility is the owner of the antenna to wer and if no other agreement

exists that prescribes an alternate arrangement between the parties for use of the

tower. Any other entity that co-locates transmission or related facilities on a cellular

antenna tower shall do so in a manner that does not im pose additional costs or

operating restrictions on the primary user.

(9) Upon the approval of an application for the construction of a cellular antenna tower

by a planning commission, the applicant shall notify the Public Service Commission

within ten (10) working days of the approval. The notice to the Public Service

Commission shall include a map showing the location of the construction site. If an

applicant fails to file notice of an approved uniform application with the Public

Service Commission, the ap plicant shall be prohibited from beginning construction

on the cellular antenna tower until such notice has been made.

(10) A party aggrieved by a final action of a planning commission under the provisions

of KRS 100.985 to 100.987 may bring an action for review in any court of

competent jurisdiction.

(11) Applications for approval of cellular antenna towers on property owned by any state

agency, university electing to perform financial management of its real properties

pursuant to KRS 164A.555 to 164A.630, department, board, commission, authority,

or other instrumentality of the state that is exempt from zoning regulations under

KRS 100.361, other than property for which the use is controlled by the secretary of

the Finance and Administration Cabinet pursua nt to KRS 56.463(4)(a), shall be

submitted to the Public Service Commission for approval under KRS 278.650.