2013 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.
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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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