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 Federal  Communications  Commission  Washington,  D.  C.  20554 
 September  26,  2006 
 DA  06-  1920  Released:  September  26,  2006 
 Barry  A.  Friedman  Thompson  Hine  LLP 
 1920  N  Street  N.  W.  Washington,  D.  C.  20036-  1600 


 Re:  Preemption  of  Local  Restrictions  on  Broadcast  Towers 
 Dear  Mr.  Friedman: 
 This  is  in  response  to  your  request,  on  behalf  of  your  client,  a  non-  profit  citizens  group,  for  a  declaratory  ruling  regarding  preemption  of  local  zoning  rules  relating  to  the 
 construction  of  broadcast  towers. 
 According  to  the  request,  your  client  is  participating  in  the  development  of  modified  local  zoning  regulations  addressing  the  construction  of  new  broadcast  television  towers.  The 


 group  has  urged  local  government  officials  to  enact  regulations  to  restrict  construction  of  new  broadcast  towers  in  certain  rural  areas  and  to  impose  height  restrictions  in  other  areas  where  new 
 towers  would  be  permitted.  The  request  states  that  the  proposed  local  regulations  would  be  predicated  on  land  use  preservation  goals,  including  preservation  of  agriculturally  zoned  land 
 and  scenic  vistas. 
 You  request  a  declaratory  ruling  that,  under  the  current  policy  of  the  FCC,  local  zoning  rules  which  are  predicated  on  land  use  preservation,  including  preservation  of 


 agriculturally-  zoned  land  and  scenic  vistas,  would  not  be  preempted  by  the  Commission  with  respect  to  construction  of  new  broadcast  towers  in  certain  rural  areas  and  .  .  .  height  restrictions 
 in  other  areas.  1  It  is  true  that,  to  date,  the  Commission  has  not  adopted  any  rules  or  regulations  that  preempt  local  zoning  rules  affecting  construction  of  broadcast  towers. 


 Accordingly,  IT  IS  ORDERED,  pursuant  to  1.2  of  the  Commissions  Rules,  47  C.  F.  R.  1.2,  that  this  Request  for  Declaratory  Ruling  IS  GRANTED  to  the  extent  described 
 herein.  This  action  is  taken  under  authority  delegated  by  Section  0.283  of  the  Commissions  rules,  47  C.  F.  R.  0.283. 


 Sincerely, 


 Donna  C.  Gregg  Chief,  Media  Bureau 


 1  Letter  from  Barry  A.  Friedman  to  Secretary,  Federal  Communications  Commission,  September  26,  2005. 
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