[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2963 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2963

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 8, 2004

  Mr. Leahy ( for himself, Mr. Jeffords, 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 and reaffirm State 
   and local authority to regulate the placement, construction, and 
   modification of broadcast transmission 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. SHORT TITLE.

    This Act may be cited as the ``Local Control of Broadcast Towers 
Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) The placement, construction, and modification of 
        broadcast transmission facilities near residential communities 
        and facilities such as schools can greatly reduce the value of 
        residential properties, destroy the views from properties, 
        produce radio frequency interference, raise concerns about 
        potential long-term health effects of such facilities, and 
        reduce substantially the desire to live in the areas of such 
        facilities.
            (2) States and local governments have traditionally 
        regulated development and should be able to exercise control 
        over the placement, construction, and modification of broadcast 
        transmission facilities through the use of zoning and other 
        land use regulations relating to the protection of the 
        environment, public health and safety, and the general welfare 
        of the community and the public.
            (3) The Federal Communications Commission establishes 
        policies to govern interstate and international communications 
        by television, radio, wire, satellite, and cable. The 
        Commission ensures compliance of such activities with 
        applicable Federal laws, including the National Environmental 
        Policy Act of 1969 and the National Historic Preservation Act, 
        in its decision-making on such activities.
            (4) The Commission defers to State and local authorities 
        which regulate the placement, construction, and modification of 
        broadcast transmission facilities through the use of zoning, 
        construction and building, and environmental and safety 
        regulations in order to protect the environment and the health, 
        safety, and general welfare of communities and the public.
            (5) On August 19, 1997, the Commission issued a proposed 
        rule, MM Docket No. 97-182, which would preempt the application 
        of most State and local zoning, environmental, construction and 
        building, and other regulations affecting the placement, 
        construction, and modification of broadcast transmission 
        facilities.
            (6) The telecommunications industry and its experts should 
        be expected to have access to the best and most recent 
        technical information and should therefore be held to the 
        highest standards in terms of their representations, 
        assertions, and promises to governmental authorities.
    (b) Purpose.--The purpose of this Act is to confirm that State and 
local governments are the appropriate entities--
            (1) to regulate the placement, construction, and 
        modification of broadcast transmission facilities consistent 
        with State and local zoning, construction and building, 
        environmental, and land use regulations;
            (2) to regulate the placement, construction, and 
        modification of broadcast transmission facilities so that their 
        placement, construction, or modification will not interfere 
        with the safe and efficient use of public airspace or otherwise 
        compromise or endanger the health, safety, and general welfare 
        of the public; and
            (3) to hold accountable applicants for permits for the 
        placement, construction, or modification of broadcast 
        transmission facilities, and providers of services using such 
        facilities, for the truthfulness and accuracy of 
        representations and statements placed in the record of hearings 
        for such permits, licenses, or approvals.

SEC. 3. 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 shall not adopt as a final rule or otherwise 
directly or indirectly implement any portion of 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.

SEC. 4. AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF 
              BROADCAST TRANSMISSION FACILITIES.

    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. 340. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND 
              MODIFICATION OF BROADCAST TRANSMISSION FACILITIES.

    ``(a) Authority To Require Least Intrusive Facilities.--
            ``(1) In general.--A State or local government may deny an 
        application to place, construct, or modify broadcast 
        transmission facilities on the basis that alternative 
        technologies, delivery systems, or structures are capable of 
        delivering broadcast signals comparable to that proposed to be 
        delivered by such facilities in a manner that is less intrusive 
        to the community concerned than such facilities.
            ``(2) Considerations.--In determining under paragraph (1) 
        the intrusiveness of technologies, delivery systems, or 
        structures for the transmission of broadcast signals, a State 
        or local government may  consider the aesthetics of such 
technologies, systems, or structures, the environmental impact of such 
technologies, systems, or structures, and the radio frequency 
interference or radiation emitted by such technologies, systems, or 
structures.
            ``(3) Burden of proof.--In any hearing for purposes of the 
        exercise of the authority in paragraph (1), the burden shall be 
        on the applicant.
    ``(b) Radio Interference.--A State or local government may regulate 
the location, height, or modification of broadcast transmission 
facilities in order to address the effects of radio frequency 
interference caused by such facilities on local communities and the 
public.
    ``(c) Authority To Require Studies and Documentation.--No provision 
of this Act may be interpreted to prohibit a State or local government 
from--
            ``(1) requiring a person seeking authority to place, 
        construct, or modify broadcast transmission facilities to 
        produce--
                    ``(A) environmental, biological, and health 
                studies, engineering reports, or other documentation of 
                the compliance of such facilities with radio frequency 
                exposure limits, radio frequency interference impacts, 
                and compliance with applicable laws, rules, and 
                regulations governing the effects of such facilities on 
                the environment, public health and safety, and the 
                general welfare of the community and the public; 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 place, 
        construct, or modify such facilities within the jurisdiction of 
        such government if such person fails to produce studies, 
        reports, or documentation required under paragraph (1).
    ``(d) Construction.--Nothing in this section may be construed to 
prohibit or otherwise limit the authority of a State or local 
government to ensure compliance with or otherwise enforce any 
statements, assertions, or representations filed or submitted by or on 
behalf of an applicant with the State or local government for authority 
to place, construct, or modify broadcast transmission facilities within 
the jurisdiction of the State or local government.
    ``(e) Broadcast Transmission Facility Defined.--In this section, 
the term `broadcast transmission facility' means the equipment, or any 
portion thereof, with which a broadcaster transmits and receives the 
radiofrequency waves that carry the services of the broadcaster, 
regardless of whether the equipment is sited on one or more towers or 
other structures owned by a person or entity other than the 
broadcaster, and includes the location of such equipment.''.
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