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.

Summary

Amends the Communications Act of 1934 to: (1) repeal a provision which prohibits a State or local government from regulating the placement, construction, or modification of personal wireless service facilities (communications towers) on the basis of the environmental effects of frequency emissions from such facilities when such facilities comply with Federal Communications Commission (FCC) regulations; (2) allow any person adversely affected by any final action or failure to act by a State or local government with respect to such facilities to commence an action in any court of competent jurisdiction within 30 days after exhaustion of any administrative remedies; (3) require that, in any action in which a person seeking to place, construct, or modify such a facility is a party, such person bear the burden of proof of its necessity; and (4) prohibit the FCC from adopting as a final rule a certain proposed rule which would preempt State and local zoning and land use restrictions on the siting, placement, and construction of broadcast station transmission facilities. Prohibits any provision of such Act from being interpreted to: (1) authorize any person to place, construct, or modify a broadcast or telecommunications tower in a manner that is inconsistent with State or local law or contrary to an official State decision if alternate technology is capable of delivering the broadcast or telecommunications signals without the use of such a tower; or (2) prohibit a State or local government from requiring a person seeking authority to locate such facilities within a local jurisdiction to produce appropriate documentation of compliance with FCC radio frequency exposure limits and aviation safety standards. Authorizes such State or local government to refuse to grant such location authority to any person who fails to produce such documentation.

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Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 24 September 1998

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 24 September 1998

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• Introduced in Senate

  summary · EN · 24 September 1998

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