All: The City of Allentown is currently starting to see an uptick in wireless and infrastructure providers seeking to install small cell towers/ systems within our limits and specifically on existing telephone and utility poles. Our Zoning and Planning Department does not feel our current ordinance fully addresses the issue. Does anyone have recent, drafted legislation that Allentown may use as a guide to update its codes? Thank you, Scott C. Holbert [Solicitor's Office]<http://www.allentownpa.gov> SCOTT C. HOLBERT ASSISTANT SOLICITOR Solicitor's Office 435 Hamilton Street Allentown, PA 18101 P: 610-437-7545<tel:610-437-7545> E: scott.holbert@allentownpa.gov<mailto:scott.holbert@allentownpa.gov> W: www.allentownpa.gov<http://www.allentownpa.gov> This message contains confidential information and is intended only for the intended recipients. If you are not an intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version.

If the issue is what is called a "DAS" system, there is presently a case before the Commonwealth Court filed by one of the providers arguing that the provider is entitled to a Certificate of Public Convenience from the PUC. This case was argued last week in Pittsburgh before the Court en banc. It is a very complex issue because of the implication of the Federal Telecommunications Act. A few of my municipalities have adopted right-of-way managment ordinances to address this issue. My municipalities contracted with a firm in Pittsburgh that specializes in these type os telecommunications issues. The firm is the Cohen Group. I don't think it would be ethical for me to provided their copyrighted work product.. I would suggest that you contact a law firm that specializes in this type of situation. If you need the contact info for the Cohen Group I can provide it to you. I understand the Cohen Group works with municipalities throughout the Commonwealth. Les Mlakar On Tue, Feb 13, 2018 at 1:34 PM, Chuck Thompson <cthompson@imla.org> wrote: > > > > > All: > > > > The City of Allentown is currently starting to see an uptick in wireless > and infrastructure providers seeking to install small cell towers/ systems > within our limits and specifically on existing telephone and utility poles. > Our Zoning and Planning Department does not feel our current ordinance > fully addresses the issue. Does anyone have recent, drafted legislation > that Allentown may use as a guide to update its codes? > > > > Thank you, > > Scott C. Holbert > > > > *[image: Solicitor's Office] <http://www.allentownpa.gov>* > > *SCOTT C. HOLBERT* > > *ASSISTANT SOLICITOR* > > Solicitor's Office > > 435 Hamilton Street > Allentown, PA 18101 > > P: > > *610-437-7545* <610-437-7545> > > E: > > *scott.holbert@allentownpa.gov* <scott.holbert@allentownpa.gov> > > W: > > *www.allentownpa.gov* <http://www.allentownpa.gov> > > > > This message contains confidential information and is intended only for > the intended recipients. If you are not an intended recipient you should > not disseminate, distribute or copy this e-mail. Please notify the sender > immediately by e-mail if you have received this e-mail by mistake and > delete this e-mail from your system. E-mail transmission cannot be > guaranteed to be secure or error-free as information could be intercepted, > corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. > The sender therefore does not accept liability for any errors or omissions > in the contents of this message, which arise as a result of e-mail > transmission. If verification is required please request a hard-copy > version. > > > > > > _______________________________________________ > Pmlsolicitors mailing list > Pmlsolicitors@lists.imla.org > http://lists.imla.org/mailman/listinfo/pmlsolicitors_lists.imla.org > > -- Leslie J. Mlakar, Esquire *Avolio Law Group, LLC* 117 N. Main St. Greensburg, PA 15601 (724) 834-6040 (ext. 107)