2011 Kentucky Revised Statutes CHAPTER 278 PUBLIC SERVICE COMMISSION 278.665 Administrative regulations governing cellular antenna towers to be constructed outside the jurisdiction of a planning commission.
KY Rev Stat § 278.665 (1996 through Reg Sess) What's This?
278.665 Administrative regulations governing cellular antenna towers to be
constructed outside the jurisdiction of a planning commission.
(1)
(2)
The commission shall, by administrative regulation promulgated in accordance with
KRS Chapter 13A, establish the minimum content of an application for a certificate
of convenience and necessity to construct cellular antenna towers for areas outside
the jurisdiction of a planning commission.
The commission, in establishing the public notice requirements of an application as
provided for in subsection (1) of this section, shall distinguish between areas of low
and high population densities. At a minimum, when the site of the proposed cellular
antenna tower is outside of an incorporated city, the commission shall require that
every person who owns property contiguous to the property where the proposed
cellular antenna tower will be located receives notice by certified mail, return
receipt requested, of the proposed construction, given the commission docket
number under which the application will be processed, and informed of the
opportunity to intervene in the commission proceedings on the application.
Effective: April 23, 2002
History: Amended 2002 Ky. Acts ch. 343, sec. 7, effective April 23, 2002; and ch. 346,
sec. 223, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 103, sec. 1, effective
July 14, 2000. -- Created 1998 Ky. Acts ch. 231, sec. 4, effective July 15, 1998.
Legislative Research Commission Note (4/23/2002). This section was amended by
2002 Ky. Acts ch. 343, sec. 7, and ch. 346, sec. 223, which appear to be in conflict.
The changes made by ch. 346 are revisory in nature, while the changes made by
ch. 343 are substantive. The changes of ch. 343 have been allowed to prevail. Cf.
KRS 7.123.
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