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Louisville City Council Meeting <br />December 5, 2000 <br />Page 17. <br /> <br />Keany felt that the intent of the ordinance was to co-locate service poles with other <br />carriers and thought that Public Service will eventually upgrade their poles. He asked <br />Myers for clarification that co-location is not possible. Myers stated that co-location is <br />not possible at this time. Keany asked if the problem is that Federal law requires local <br />authorization when a carrier cannot obtain a lease from a private landowner. <br /> <br />Rowe stated that Councilman Keany's statement was accurate. He noted that the law <br />states if a private landowner will not lease property, or the terms are not acceptable, the <br />only choice is to seek permission from the local government. <br /> <br />Keane stated that it is not the City's issue that Qwest Wireless cannot obtain a lease from <br />private landowners. <br /> <br />Rowe stated that the issue is that Qwest has a lease at this location, which matches the <br />ordinance. <br /> <br />City Attorney Sam Light clarified that Federal law requires that local law shall not have <br />an effect or prohibit the provision of personal wireless service facilities. The question for <br />the Council is whether the proposed location is needed to provide adequate service. If <br />this is the only area in which the needs can be met and all other alternatives are exhausted <br />and there is a denial of service, then there is a strong possibility this would be a deterrent <br />under Federal law. He suggested that the element that is missing is that the City has not <br />received verification that this location is absolutely required to provide service. Light <br />stated that the Council has a right, at the Applicant's expense, to hire a third party for <br />verification. He summarized that it is not a question of whether the lease is available, but <br />whether the service can be provided. <br /> <br />Keany asked if the service could be provided in another location, does the City have a <br />requirement to approve the application. <br /> <br />Light stated that he was not sure. <br /> <br />Keany stated that the crux of his question is if other locations were available that would <br />meet the needs, and Qwest was unable to negotiate a lease, would it be the City's <br />problem. <br /> <br />Light stated that the response of the Applicant has been that no other alternatives are <br />available. <br /> <br />Rowe stated that there are no other suitable sites available. He noted that if there is no <br />other alternative available, and a proposed site that will provide coverage is denied, it is a <br /> <br />17 <br /> <br /> <br />