[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1350 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1350

  To amend section 332 of the Communications Act of 1934 to preserve 
State and local authority to regulate the placement, construction, and 
 modification of certain telecommunications facilities, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 30, 1997

Mr. Leahy (for himself and Mr. Jeffords) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To amend section 332 of the Communications Act of 1934 to preserve 
State and local authority to regulate the placement, construction, and 
 modification of certain telecommunications facilities, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) The placement of commercial telecommunications, radio, 
        or television towers near homes can greatly reduce the value of 
        such homes, destroy the views from such homes, and reduce 
        substantially the desire to live in such homes.
            (2) States and localities should be able to exercise 
        control over the construction and location of such towers 
        through the use of zoning, planned growth, and other controls 
        relating to the protection of the environment and public 
        safety.
            (3) There are alternatives to the construction of 
        additional telecommunications towers to meet telecommunications 
        needs, including the co-location of antennae on existing towers 
        and the use of alternative technologies.
            (4) On August 19, 1997, the Federal Communications 
        Commission issued a proposed rule, MM Docket No. 97-182, which 
        would preempt the application of State and local zoning and 
        land use ordinances regarding the placement of 
        telecommunications towers. It is in the interest of the Nation 
        that the Commission not adopt this rule.
            (5) It is in the interest of the Nation that the second 
        memorandum opinion and order and notice of proposed rule making 
        of the Commission with respect to application of such 
        ordinances to the placement of such towers, WT Docket No. 97-
        192, ET Docket No. 93-62, and RM-8577, be modified in order to 
        permit State and local governments to exercise their zoning and 
        land use authorities, and their power to protect public health 
        and safety, to regulate the placement of telecommunications 
        towers and to place the burden of proof in civil actions 
        relating to the placement of such towers on the person or 
        entity that seeks to place, construct, or modify such towers.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To repeal the limitations on the exercise of State and 
        local authorities regarding the placement, construction, and 
        modification of personal wireless service facilities that arise 
        under section 332(c)(7) of the Communications Act of 1934 (47 
        U.S.C. 332(c)(7)).
            (2) To permit State and local governments to regulate the 
        placement, construction, and modification of such facilities on 
        the basis of the environmental effects of the operation of such 
        facilities.
            (3) To prohibit the Federal Communications Commission from 
        adopting rules which would preempt State and local regulation 
        of the placement of such facilities.

SEC. 2. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND 
              MODIFICATION OF CERTAIN TELECOMMUNICATIONS FACILITIES.

    (a) Repeal of Limitations.--Section 332(c)(7)(B) of the 
Communications Act of 1934 (47 U.S.C. 332(c)(7)(B)) is amended--
            (1) in clause (i), by striking ``thereof--'' and all that 
        follows through the end and inserting ``thereof shall not 
        unreasonably discriminate among providers of functionally 
        equivalent services.'';
            (2) by striking clause (iv);
            (3) by redesignating clause (v) as clause (iv); and
            (4) in clause (iv), as so redesignated, by striking the 
        third sentence and inserting the following: ``In any such 
        action in which a person seeking to place, construct, or modify 
        a tower facility is a party, such person shall bear the burden 
        of proof.''.
    (b) Prohibition on Adoption of Rule.--Notwithstanding any other 
provision of law, the Federal Communications Commission may not adopt 
as a final rule the proposed rule set forth in ``Preemption of State 
and Local Zoning and Land Use Restrictions on Siting, Placement and 
Construction of Broadcast Station Transmission Facilities'', MM Docket 
No. 97-182, released August 19, 1997.
                                 <all>