D.C. Mun. Regs. tit. 10, r. 10-A1312
Localities such as the District of Columbia can plan for and regulate telecommunications infrastructure within the limitations of Section 253 of the 1996 Telecommunications Act. The Act prohibits local governments from imposing statutes, regulations, or other barriers that would have the effect of prohibiting a telecommunications provider from entering the market. It defines the authority of local government to plan and regulate such attributes as facility location, height, setbacks, and safety standards. The Federal Communications Commission (FCC) has the overall responsibility for regulating the interstate and international telecommunications industry and has the ability to preempt local actions that do not conform to the provisions or the intent of the Act. 1312.1
In the District, the federal sector, local government, commercial industry, and general public rely heavily on radiofrequency services, facilities, and devices. In recent years, this demand has necessitated the location of new antennae on both federal and private land. The District Zoning Commission has established development standards for antenna towers and the National Capital Planning Commission has written guidelines for antennas on federal property in the National Capital Region. Both sets of guidelines govern the appropriate location of radiofrequency facilities for functional and aesthetic reasons, protecting the operational needs of federal installations and preserving parklands and important viewsheds. The planning regulations that govern the location of new antennas and towers for human health or safety are found in the Federal Elements of the Comprehensive Plan. These policies suggest joint use and collocation of antennae, interior attenuation devices, and prudent avoidance to high exposures of electromagnetic fields. 1312.2
Policy IN-4.1.1: Development of Communications Infrastructure
Plan and oversee development and maintenance of communications infrastructure including cable networks, fiber optic networks, and wireless communications facilities to help support economic development, security, and education goals. 1312.3
Policy IN-4.1.2: Digital Infrastructure Accessibility
Promote digital infrastructure that provides affordable broadband data communications anywhere, anytime to the residents of the District. Investigate the cost-effectiveness of providing municipally-owned wireless broadband connectivity to guarantee more affordable high speed-internet access for residents, businesses, schools, and community organizations. 1312.4
Action IN-4.1.A: Guidelines for Siting/Design of Facilities
Establish locational and design criteria for above-ground telecommunication facilities including towers, switching centers, and system maintenance facilities. In addition, establish provisions to put cables and wires underground wherever feasible. Consult with ANCs and community groups in the development of siting criteria. 1312.5
See the Environmental Protection Element for additional policies and actions on the siting of telecommunication towers and transmission facilities.
The provisions of Title 10, Part A of the DCMR accessible through this web interface are codification of the District Elements of the Comprehensive Plan for the National Capital. As such, they do not represent the organic provisions adopted by the Council of the District of Columbia. The official version of the District Elements only appears as a hard copy volume of Title 10, Part A published pursuant to section 9 a of the District of Columbia Comprehensive Plan Act of 1994, effective April 10, 1984 (D.C. Law 5-76; D.C. Official Code § 1 -301.66)) . In the event of any inconsistency between the provisions accessible through this site and the provisions contained in the published version of Title 10, Part A, the provisions contained in the published version govern. A copy of the published District Elements is available www.planning.dc.gov.
D.C. Mun. Regs. tit. 10, r. 10-A1312