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MM 97-182/FCC 97 296
Before the Federal Communications Commission
NOTICE OF PROPOSED RULEMAKING
RE: In the Matter of Preemption of State,Local Zoning and Land Use Restrictions on the Siting, MM Docket # 97-182 Placement and Construction of Broadcast Station Transmission Facilities FCC 97-296
October 6, 1997
The following comments are made in response to the petition filed by the National Association of Broadcasters NAB) concerns pertaining to perceived barriers of entry that the NAB believes is slowing down their ability to construct towers that will permit them to transmit digitally (DTV) per the instructions of the 1996 Telecommunications Act. The 96 Act has an ambitious schedule for compliance of the implementation of DTV. The NAB represents that local and state governments present barriers of entry to the erection of towers and antennas needed for the implementation of the digital television transmission.
The FCC in auctioning off spectrum frequency finds it reasonable to turn around the time as quickly as possible so that industry participants can begin to recoup some of their sizeable investment in the purchasing of spectrum frequency.
Discussion:
The Cable Communications Agency of the City of Indianapolis strongly believes that any matter regarding local zoning issues is a subject that should strictly be decided on the local level. The federal government via the FCC should not inject itself into local zoning issues.
The Cable Communications Agency of the City of Indianapolis recommends that the FCC adopt language that would require camouflaging of towers and antennas, that are sited in and near residential areas, for the roll out of digital television and wireless communications. Furthermore, the Agency would ask the FCC to encourage municipalities and industry to utilize municipal property for the deployment of towers and antennas. The Cable Communications Agency believes that the implementation of such recommendations will greatly enhance the local regulatory process with a quicker turn around time for industry applicants.
However, the ultimate decision of approving an application in a zoning hearing, nevertheless, should ultimately belong to any particular municipality. The FCC, by adopting a national policy for camouflaging antennas and towers, would lessen the burden on municipalities, and more readily put them in a position to approve any particular application. Certain antenna and tower heights may make camouflaging impracticable. In those cases, tower and antenna siting should be contained to industrial areas or away from residential areas.
-by utilizing municipal property, localities can streamline zoning proceedings and more readily approve a petitioner’s application.
-the proliferation of towers and antennas lends itself to landscaping the countryside with a porcupine effect. Camouflaging towers and antennas would greatly reduce the porcupine effect. There are companies in place that can professionally design camouflaging to that of indigenous trees for any particular locality.
-implementing a policy of visually friendly towers and antennas will reduce considerably the resistance offered by neighborhoods and community groups that would normally be opposed to tower and antenna siting. This would streamline the zoning process by enhancing the applicants case and reducing remonstrator’s claims that towers were an eyesore or would result in a reduction of property values.
-to the extent possible, the industry should agree to co-location on sites to reduce the proliferation of construction and zoning permits. The FCC should encourage municipalities to adopt this in local zoning ordinances, not as preemptive measure but as an educational one to those municipalities not familiar with co-location language. The FCC should thereby encourage the industry to abide by co-location of facilities.
-it would be wise to have antennas and towers that are camouflaged because new technology will more than likely cause these towers to be abandoned in the near future as much of this new technology may be offered and operated via satellites or whatever form new technology reveals.
The Cable Communications Agency believes that implementing the aforementioned recommendations will cause municipalities to invite new technology and build out the telecommunications infrastructure for the country. The 96 Act has proposed an ambitious schedule for the roll out of digital television.
The FCC should not pre-empt local authority on zoning matters but rather adopt policies that educate, encourage and assist communities in streamlining their own local zoning processes with national policies that aid the implementation of various aspects of the 96 Act including the roll out of digital signals and wireless communications. To do otherwise, will make for a difficult time in rolling out this new technology within the time frame of Congress’ edict.
Respectfully submitted,
Rick Maultra
Director
Cable Communications Agency
City of Indianapolis
cc: Dr. Beurt SerVaas
Carlton Curry
Peggy Piety
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