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• <br /> Section 704; Codified at 332(c) (47 U.S.C. 332(c)) <br /> • PRESERVATION OF LOCAL ZONING AUTHORITY- <br /> • '(A) GENERAL AUTHORITY- Except as provided in this paragraph, nothing in this Act shall <br /> limit or affect the authority of a State or local government or instrumentality thereof over <br /> decisions regarding the placement, construction, and modification of personal wireless <br /> service facilities. <br /> • '(B) LIMITATIONS- <br /> • '(i) The regulation of the placement, construction, and modification of personal wireless <br /> service facilities by any State or local government or instrumentality thereof -- <br /> • '(I) shall not unreasonably discriminate among providers of functionally equivalent <br /> services; and <br /> • '(II) shall not prohibit or have the effect of prohibiting the provision of personal wireless <br /> services. <br /> • '(ii) A State or local government or instrumentality thereof shall act on any request for <br /> authorization to place, construct, or modify personal wireless service facilities within a <br /> reasonable period of time after the request is duly filed with such government or <br /> instrumentality, taking into account the nature and scope of such request. <br /> • '(iii) Any decision by a State or local government or instrumentality thereof to deny a <br /> request to place, construct, or modify personal wireless service facilities shall be in writing <br /> and supported by substantial evidence contained in a written record. <br /> • '(iv) No State or local government or instrumentality thereof may regulate the placement, <br /> construction, and modification of personal wireless service facilities on the basis of the <br /> environmental effects of radio frequency emissions to the extent that such facilities <br /> comply with the Commission's regulations concerning such emissions. <br /> • '(v) Any person adversely affected by any final action or failure to act by a State or local <br /> government or any instrumentality thereof that is inconsistent with this subparagraph may, <br /> within 30 days after such action or failure to act, commence an action in any court of <br /> competent jurisdiction. The court shall hear and decide such action on an expedited <br /> basis. Any person adversely affected by an act or failure to act by a State or local <br /> government or any instrumentality thereof that is inconsistent with clause (iv) may petition <br /> the Commission for relief. C opyrig h t 2009 - The Center for 15 <br /> Municipal Solutions <br />