The siting of wireless telecommunication facilities is regulated by the federal government through the Telecommunications Act of 1996, the State of Florida through Section 365.12 Florida Statutes, as recently amended, and various sections of the Town of Miami Lakes Land Development Code including Sec. 35-27. The Telecommunications Act of 1996 provides that state and local governments may not unreasonably discriminate among otherwise equivalent wireless providers, nor may they effectively prohibit wireless services. With the advancement of new technologies in wireless communications are emerging, such as Distributed Antenna Systems (DAS) and small cell systems, it becomes incumbent upon the Town to consider appropriate development standards to guide the siting of such facilities and equipment.

Because of these new and emerging technologies and changes in State Statutes, other cities and counties in Florida are imposing, or are considering the imposition of, a temporary moratorium on the approval of development orders relating to the placement of wireless communications facilities in the public rights-of-way. The desire is to provide their respective staff sufficient time to study the issues and develop appropriate siting standards. The time period set for the temporary moratorium typically varies from six months to eighteen months.

The Town is receiving requests to place communication towers and/or facilities in public rights-of-way in order to improve wireless connectivity and coverage. The Towns current standards require review and possibly adjustment to ensure they comply with amended Florida Statues prior to consideration of any application for new facilities.