State Codes and Statutes
Statutes > Texas > Transportation-code > Title-3-aviation > Chapter-25-notice-of-construction-of-wireless-communication-facility
TRANSPORTATION CODE
TITLE 3. AVIATION
CHAPTER 25. NOTICE OF CONSTRUCTION OF WIRELESS COMMUNICATION
FACILITY
Sec. 25.001. DEFINITION. In this chapter, "wireless
communication facility" means an equipment enclosure, antenna,
antenna support structure, and any associated facility used for
receiving or sending a radio frequency, microwave, or other
signal for a commercial communications purpose.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.37, eff. April 1, 2009.
Sec. 25.002. NOTICE OF CONSTRUCTION. (a) A person proposing to
construct a wireless communication facility that is taller than
100 feet shall, not later than the 30th day before the date the
construction begins, mail a letter to:
(1) any airport located within three miles of the proposed
facility location; and
(2) the Texas Agricultural Aviation Association.
(b) The letter must state:
(1) the legal description of the proposed site of construction,
including a graphic depiction showing:
(A) the location, height, longitude, latitude, pad size, roadway
access, and proposed use of the wireless communication facility;
and
(B) the location of any guy wires;
(2) at a minimum, the name, phone number, electronic mail
address, if any, and mailing address of the person proposing
construction of the wireless communication facility; and
(3) a phone number that is operational 24 hours a day, seven
days a week, for emergency purposes.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.37, eff. April 1, 2009.
Sec. 25.003. INAPPLICABILITY OF CHAPTER. This chapter does not
apply to:
(1) a structure the main purpose of which is to provide electric
service;
(2) a wireless communication facility:
(A) used by an entity only for internal communications;
(B) constructed by a municipality;
(C) used for emergency communications; or
(D) installed for colocation purposes;
(3) a radio or television reception antenna;
(4) a satellite or microwave parabolic antenna not used by a
wireless communication service provider;
(5) a receive-only antenna;
(6) an antenna owned and operated by a federally licensed
amateur radio station operator;
(7) a cable television company facility;
(8) a radio or television broadcasting facility; or
(9) a colocation antenna.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.37, eff. April 1, 2009.
Sec. 25.004. EFFECT ON LOCAL ORDINANCES. This chapter does not
preempt a local ordinance regulating a wireless communication
facility.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.37, eff. April 1, 2009.
State Codes and Statutes
Statutes > Texas > Transportation-code > Title-3-aviation > Chapter-25-notice-of-construction-of-wireless-communication-facility
TRANSPORTATION CODE
TITLE 3. AVIATION
CHAPTER 25. NOTICE OF CONSTRUCTION OF WIRELESS COMMUNICATION
FACILITY
Sec. 25.001. DEFINITION. In this chapter, "wireless
communication facility" means an equipment enclosure, antenna,
antenna support structure, and any associated facility used for
receiving or sending a radio frequency, microwave, or other
signal for a commercial communications purpose.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.37, eff. April 1, 2009.
Sec. 25.002. NOTICE OF CONSTRUCTION. (a) A person proposing to
construct a wireless communication facility that is taller than
100 feet shall, not later than the 30th day before the date the
construction begins, mail a letter to:
(1) any airport located within three miles of the proposed
facility location; and
(2) the Texas Agricultural Aviation Association.
(b) The letter must state:
(1) the legal description of the proposed site of construction,
including a graphic depiction showing:
(A) the location, height, longitude, latitude, pad size, roadway
access, and proposed use of the wireless communication facility;
and
(B) the location of any guy wires;
(2) at a minimum, the name, phone number, electronic mail
address, if any, and mailing address of the person proposing
construction of the wireless communication facility; and
(3) a phone number that is operational 24 hours a day, seven
days a week, for emergency purposes.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.37, eff. April 1, 2009.
Sec. 25.003. INAPPLICABILITY OF CHAPTER. This chapter does not
apply to:
(1) a structure the main purpose of which is to provide electric
service;
(2) a wireless communication facility:
(A) used by an entity only for internal communications;
(B) constructed by a municipality;
(C) used for emergency communications; or
(D) installed for colocation purposes;
(3) a radio or television reception antenna;
(4) a satellite or microwave parabolic antenna not used by a
wireless communication service provider;
(5) a receive-only antenna;
(6) an antenna owned and operated by a federally licensed
amateur radio station operator;
(7) a cable television company facility;
(8) a radio or television broadcasting facility; or
(9) a colocation antenna.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.37, eff. April 1, 2009.
Sec. 25.004. EFFECT ON LOCAL ORDINANCES. This chapter does not
preempt a local ordinance regulating a wireless communication
facility.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.37, eff. April 1, 2009.
State Codes and Statutes
Statutes >
Texas >
Transportation-code >
Title-3-aviation >
Chapter-25-notice-of-construction-of-wireless-communication-facility TRANSPORTATION CODE
TITLE 3. AVIATION
CHAPTER 25. NOTICE OF CONSTRUCTION OF WIRELESS COMMUNICATION
FACILITY
Sec. 25.001. DEFINITION. In this chapter, "wireless
communication facility" means an equipment enclosure, antenna,
antenna support structure, and any associated facility used for
receiving or sending a radio frequency, microwave, or other
signal for a commercial communications purpose.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.37, eff. April 1, 2009.
Sec. 25.002. NOTICE OF CONSTRUCTION. (a) A person proposing to
construct a wireless communication facility that is taller than
100 feet shall, not later than the 30th day before the date the
construction begins, mail a letter to:
(1) any airport located within three miles of the proposed
facility location; and
(2) the Texas Agricultural Aviation Association.
(b) The letter must state:
(1) the legal description of the proposed site of construction,
including a graphic depiction showing:
(A) the location, height, longitude, latitude, pad size, roadway
access, and proposed use of the wireless communication facility;
and
(B) the location of any guy wires;
(2) at a minimum, the name, phone number, electronic mail
address, if any, and mailing address of the person proposing
construction of the wireless communication facility; and
(3) a phone number that is operational 24 hours a day, seven
days a week, for emergency purposes.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.37, eff. April 1, 2009.
Sec. 25.003. INAPPLICABILITY OF CHAPTER. This chapter does not
apply to:
(1) a structure the main purpose of which is to provide electric
service;
(2) a wireless communication facility:
(A) used by an entity only for internal communications;
(B) constructed by a municipality;
(C) used for emergency communications; or
(D) installed for colocation purposes;
(3) a radio or television reception antenna;
(4) a satellite or microwave parabolic antenna not used by a
wireless communication service provider;
(5) a receive-only antenna;
(6) an antenna owned and operated by a federally licensed
amateur radio station operator;
(7) a cable television company facility;
(8) a radio or television broadcasting facility; or
(9) a colocation antenna.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.37, eff. April 1, 2009.
Sec. 25.004. EFFECT ON LOCAL ORDINANCES. This chapter does not
preempt a local ordinance regulating a wireless communication
facility.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.37, eff. April 1, 2009.
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