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FCC Cable Services Docket 96-83 Section 207 of the 1996 Federal Telecommunication Act.
Before the Federal Communications Commission
Office of the Secretary
Federal Communications Commission
1919 M Street, N.W., Room 222
Washington, D.C.
20554
In the Matter of Petitions for Reconsideration of the
FCC Proposed Preemption of State & Local
Restrictions of Television Broadcast & MMDS Antennas
FCC Cable Services Docket 96-83/Section 207 of 96 Act
April 24, 1996
To whom it May Concern,
Thank you for the opportunity to comment on your proposed rules to preempt Television Broadcast and MMDS antenna zoning by local authorities. The Cable Communications Agency of the City of Indianapolis would like for the following comments to be given due consideration:
1. Historically speaking, zoning has been uniquely local in its scope of jurisdiction. Like Indianapolis, most local governments care deeply about construction and safety standards, aesthetic effects and compatible uses in various locations.
2. In the mid 1980s the FCC considered limiting local zoning control over siting of satellite earth stations. It eventually retreated from Federal preemption to the status quo of requiring non-discrimination among antenna types.
3. The FCC mission is not to become a Federal Zoning Board that decides issues of a purely local nature. The City of Indianapolis has a trained, experienced staff that are very adept as to what our local community standards are. We have three divisions of one Zoning Board and a Commission that are experienced and savvy in weighing all factors before rendering a decision.
4. The Cellular Telecommunications Industry Association (CTIA), has asked the FCC to pre-empt state and local government zoning regulations relating to the siting of commercial mobile radio service towers. Radio towers will become more prevalent as such two-way radio and personal communications systems become more prevalent.
5. Zoning codes typically limit the structures that can be placed in front yards so there is clear vision distance. This allows drivers to see children running into the streets, cars backing out of the driveway and the like. Do not pre-empt local zoning codes and endanger the lives of our children. Similarly, building codes need to apply to satellite dishes. Often on commercial structures, dishes are ballasted with thousands of pounds of weights. Building safety codes ensure that this extra weight will not lead to a building collapse when combined with wind storms or accumulations of ice and snow. Therefore, make clear that FCC jurisdiction over satellite services does not preempt local zoning and building safety codes.
Thank you for your consideration in weighing our comments against your proposed preemption.
Respectfully submitted,
Rick Maultra
Telecommunications Coordinator
City of Indianapolis
Cable Communications Agency
G19 City-County Building
200 East Washington Street
Indianapolis, IN 46204
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