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Case MM97-182 & Cases DA97-2438 and CSR-4948
Senator Richard Lugar
1180 Market Tower
10 W. Market St.
Indianapolis, IN 46204
March 24, 1998
Dear Senator Lugar :
Please oppose the Federal Communications Commission’s (FCC) attempts to preempt local zoning of radio, TV and cellular towers and to preempt local franchising of some cable companies.
Radio/TV Towers: Last year the FCC proposed a rule (case MM 97-182) preempting state and local zoning, environmental and other authority over radio and TV towers. The rule sets an artificial time limit of 21 to 45 days for states and municipalities to act on any permit (environmental, building permit, zoning or other) for such towers. A permit request is automatically deemed granted if not acted on in this time frame, even if the application is incomplete or clearly violates state and local law! The proposed rule would prevent municipalities from considering the impacts radio and TV towers have on property values, the environment or aesthetics. Even safety requirements could be overridden by the FCC.
The rule requires all appeals of zoning and permit denials to go to the FCC which would become a "National Zoning Board" in violation of the Constitution and principles of Federalism.
The proposal is astounding because broadcast towers are some of the tallest structures known to man—over 2,000’ tall, taller than the Empire State Building. And the claim that these changes are necessary to allow TV stations to switch to high definition television is false given that the networks and TV stations have made few steps in this direction. The Wall Street Journal and other sources state there in no way broadcasters will meet the current schedule to switch so there is no need for the FCC to violate state and local rights for no reason.
This rulemaking—and related rulemakings preempting municipal authority over cellular towers—have drawn strong opposition from Congress, states, municipalities and airports. But despite this opposition the FCC recently asked for public comment on the environmental impact of the proposed rule, thus indicating that the broadcast tower rulemaking is still proceeding.
Preempt Cable Franchising: In separate proceedings (cases DA 97-2355, DA 97-2438 and CSR-4948), the FCC is being asked to issue a decision preempting municipalities’ right to require cable companies to obtain a cable franchise under the Federal Cable Act. The ruling would apply to cable companies which lease their lines in the streets from the local telephone company (rather than own the lines themselves).
Such a decision is of significant concern in part because it threatens municipal control over public rights of way given that in most cases the telephone companies would have to build new lines to provide cable service for such companies. It would also place at risk conventional cable franchises and the protections they provide municipalities and their residents. For example, such a ruling would likely be claimed to prevent municipalities from preventing "redlining" of minority or low income areas; requiring a cable company to provide universal service; requiring cable systems to have emergency alert systems so residents can be warned of threatening conditions; requiring public access, education and government channels; and exempt such companies from complying with cable TV rate, customer service and signal quality regulations.
Please prevent these unwarranted FCC preemptions: First, please write Chairman William Kennard of the FCC expressing your opposition to attempts to preempt state and municipal authority in the preceding cases.
Second, support legislation such as S.1350 and H.R.3016 (sponsored by Senator Leahy and Representatives Sanders and Shay) to prevent Federal preemption of state and local authority on broadcast and cellular towers.
Third, support similar legislation to preserve local franchising of cable companies no matter how they arrange or rearrange the ownership of their lines in the streets.
If you have specific questions on these FCC cases or on proposed legislation please contact Ms. Eileen Huggard at the National Association of Telecommunications Officers and Advisors (703-506-3275); Ms. Barrie Tabin at the National League of Cities (202-626-3194); Kevin McCarty at the U.S. Conference of Mayors (202-293-7330; or Robert Fogel at the National Association of Counties (202-393-6226.
Very truly yours,
Rick Maultra
Director
Cable Communications Agency
cc: Senator John McCain
Senator Dianne Feinstein
Senator Conrad Burns
Senator Spencer Abraham
Senator Kay Bailey Hutchison
Senator Patrick J. Leahy
Senator Slade Gorton
Representative Tom Bliley
Representative W.J. Tauzin
Representative Bernard Sanders
Representative Edward J. Markey
Representative Christiopher Shays
Representative John D. Dingell
Ms. Barrie Tabin
Representative Bob Goodlatte
Ms. Eileen Huggard
Representative James Moran
Mr. Robert Fogel
Representative Bart Stupak
Mr. Kevin McCarty
Representative Joe Barton
Councillor Carlton Curry
Representative Peter DeFazio
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