[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2514 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2514

  To amend the Communications Act of 1934 to clarify State and local 
authority to regulate the placement, construction, and modification of 
broadcast transmission and telecommunications facilities, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 24, 1998

Mr. Leahy (for himself, Mr. Jeffords, Mrs. Hutchison, Mr. Feingold, Ms. 
Moseley-Braun, Mr. Moynihan, Mr. Gregg, Mr. Sarbanes, Mr. Cleland, and 
   Mr. Dodd) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To amend the Communications Act of 1934 to clarify State and local 
authority to regulate the placement, construction, and modification of 
broadcast transmission and 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 siting and modification 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 towers to 
        meet telecommunications and broadcast needs, including the co-
        location of antennae on existing towers or structures, 
        towerless PCS-Over-Cable telephone service, satellite 
        television systems, low-Earth orbit satellite communication 
        networks, and other alternative technologies.
            (4) There are alternative methods of designing towers to 
        meet telecommunications and broadcast needs, including the use 
        of small towers that do not require blinking aircraft safety 
        lights, break skylines, or protrude above tree canopies and 
        that are camouflaged or disguised to blend with their 
        surroundings, or both.
            (5) 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 broadcast 
        transmission facilities. It is in the interest of the Nation 
        that the Commission not adopt this rule.
            (6) It is in the interest of the Nation that the memoranda 
        opinions and orders and proposed rules of the Commission with 
        respect to application of certain ordinances to the placement 
        of such towers (WT Docket No. 97-192, ET Docket No. 93-62, RM-
        8577, and FCC 97-303, 62 F.R. 47960) 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 or 
        broadcast towers and to place the burden of proof in civil 
        actions, and in actions before the Commission relating to the 
        placement of such towers, on the person or entity that seeks to 
        place, construct, or modify such towers.
            (7) PCS-Over-Cable or satellite telecommunications systems, 
        including low-Earth orbit satellites, offer a significant 
        opportunity to provide so-called ``911'' emergency telephone 
        service throughout much of the United States.
            (8) According to the Comptroller General, the Commission 
        does not consider itself a health agency and turns to health 
        and radiation experts outside the Commission for guidance on 
        the issue of health effects of radio frequency exposure.
            (9) The Federal Aviation Administration does not have the 
        authority to regulate the siting of personal wireless telephone 
        or broadcast transmission towers near airports or high-volume 
        air traffic areas such as corridors of airspace or commonly 
        used flyways. The Commission's proposed rules to preempt State 
        and local zoning and land-use restrictions for the siting of 
        such towers will have a serious negative impact on aviation 
        safety, airport capacity and investment, and the efficient use 
        of navigable airspace.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To repeal certain limitations on State and local 
        authority regarding the placement, construction, and 
        modification of personal wireless service towers and related 
        facilities as such limitations 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--
                    (A) in cases where the placement, construction, or 
                modification of personal wireless service telephone and 
broadcast towers and other facilities is inconsistent with State and 
local requirements or decisions, to require the use of alternative 
telecommunication or broadcast technologies when such alternative 
technologies are available; and
                    (B) to regulate the placement of such towers so 
                that their location or modification will not interfere 
                with the safe and efficient use of public airspace or 
                otherwise compromise or endanger public safety.

SEC. 2. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND 
              MODIFICATION OF BROADCAST TRANSMISSION AND OTHER 
              TELECOMMUNICATIONS FACILITIES.

    (a) Repeal of Limitations on Regulation of Personal Wireless 
Facilities.--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--
                    (A) in the first sentence, by striking ``30 days 
                after such action or failure to act'' and inserting 
                ``30 days after exhaustion of any administrative 
                remedies with respect to such action or failure to 
                act''; and
                    (B) 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 Regarding Preemption of State 
and Local Authority Over Broadcast Transmission Facilities.--
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.
    (c) Authority Over Placement, Construction, and Modification of 
Other Transmission Towers.--Part I of title III of the Communications 
Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the 
following:

``SEC. 337. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND 
              MODIFICATION OF TELECOMMUNICATIONS AND BROADCAST TOWERS.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
no provision of this Act may be interpreted to authorize any person to 
place, construct, or modify a broadcast tower or telecommunications 
tower in a manner that is inconsistent with State or local law, or 
contrary to an official decision of the appropriate State or local 
government entity having authority to approve, license, modify, or deny 
an application to place, construct, or modify a tower, if alternate 
technology is capable of delivering the broadcast or telecommunications 
signals without the use of a tower.
    ``(b) Authority Regarding Production of Safety Studies.--No 
provision of this Act may be interpreted to prohibit a State or local 
government from--
            ``(1) requiring a person seeking authority to locate 
        telecommunications facilities or broadcast transmission 
        facilities within the jurisdiction of such government to 
        produce--
                    ``(A) environmental studies, engineering reports, 
                or other documentation of the compliance of such 
                facilities with radio frequency exposure limits 
                established by the Commission; and
                    ``(B) documentation of the compliance of such 
                facilities with applicable Federal, State, and local 
                aviation safety standards or aviation obstruction 
                standards regarding objects effecting navigable 
                airspace; or
            ``(2) refusing to grant authority to such person to locate 
        such facilities within the jurisdiction of such government if 
        such person fails to produce any studies, reports, or 
        documentation required under paragraph (1).''.
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