At the August 2, 2018, Newtown, Upper Makefield, and Wrightstown Zoning Council (JZC) meeting, solicitor Vicki Kushto reviewed the current court rulings regarding small wireless cells [aka Distributed Antennae Systems or DAS].
At the present time, DAS providers are considered Public Utilities and not subject to local zoning requirements. This means that DAS services could be installed in any public right of way (ROW) for which the Pennsylvania Utilities Commission (PUC) provides approval.
There is new legislation (HB2564) being introduced by Rep. Frank Farry that would severely limit local municipalities ability to regulate this use or to seek reimbursement for the use of its public ROWs.
The JZC opposes this legislation because, among other things, it is concerned that HB2564 legislation could result in DAS poles/structures being installed in developments, which are now served by underground utilities.
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