I
105TH CONGRESS
1ST SESSION
H. R. 3016
To amend section 332 of the Communications Act of 1934 to preserve
State and local authority to regulate the placement, construction, and
modification of certain telecommunications facilities, and for other pur-
poses.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 9, 1997
Mr. SANDERS (for himself, Mr. SHAYS, and Mr. DEFAZIO) introduced the
following bill; which was referred to the Committee on Commerce
A BILL
To amend section 332 of the Communications Act of 1934
to preserve State and local authority to regulate the
placement, construction, and modification of certain tele-
communications facilities, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) States and localities should be able to exer-
cise control over the construction and location of
such towers through the use of zoning, planned
growth, and other controls relating to the protection
of the environment and public health.
(2) The placement of commercial telecommuni-
cations, radio, or television towers near homes can
greatly reduce the value of such homes, destroy the
views from such homes, and reduce substantially the
desire to live in such homes.
(3) There are alternatives to the construction of
additional telecommunications towers to effectively
provide wireless services, including the collocation of
transmitters on existing towers and the use of alter-
native technologies, including satellites.
(4) The Federal Communications Commission
does not consider itself a health agency and turns to
health and radiation experts outside the agency for
guidance on the issue of health effects due to radio
frequency exposure. Additionally, both the Food and
Drug Administration and the Environmental Protec-
tion Agency agree that the research completed to
date is insufficient to determine whether using port-
able cellular telephones presents risks to human
health. It is therefore in the interest of the Nation
for the Congress to authorize a thorough Federal
study into the health effects of low-level, prolonged
exposure to nonionizing radiation.
(5) The rapid proliferation of personal wireless
transmitters and the expected rollout of digital tele-
vision transmitters mean that the number of sources
of nonionizing radiation and the relative strength of
these sources will increase dramatically in our Na-
tion’s communities in the near future. Until inde-
pendently funded, conclusive, peer-reviewed studies
are completed on this subject, we should exercise
caution and give States and local governments full
authority to protect the public from radio frequency
emissions.
(6) The Federal Communications Commission
has proposed rules regarding the siting of personal
wireless transmitter towers. It is in the interest of
the Nation that the second memorandum opinion
and order notice of proposed rulemaking of the
Commission with respect to application of such ordi-
nances to the placement of such towers, WT Docket
No. 97–192, ET Docket No. 93–62, and RM–8577,
be modified in order to permit State and local gov-
ernments to exercise their zoning and land use au-
thorities, and their power to protect public health
and safety, to regulate the placement of tele-
communications towers. Further, the proposed rules
should be modified to allow a licensee or applicant
to seek relief from an adverse action only after they
have exhausted all available administrative or judi-
cial remedies at the local or State levels of jurisdic-
tion, and, that when petitioning before the Commis-
sion for relief from an adverse decision, the appli-
cant shall bear the burden of proof relating to the
placement of such towers.
(7) On August 19, 1997, the Federal Commu-
nications Commission issued a proposed rule, MM
Docket No. 97–182, which would preempt the appli-
cation of State and local zoning and land use ordi-
nances regarding the placement of telecommuni-
cations towers for digital television services. It is in
the interest of the Nation that the Commission not
adopt this rule.
(b) PURPOSES.—The purposes of this Act are as fol-
lows:
(1) To repeal the limitations on the exercise of
State and local authorities regarding the placement,
construction, and modification of personal wireless
service facilities that arise under section 332(c)(7) of
the Communications Act of 1934 (47 U.S.C.
332(c)(7)).
(2) To permit State and local governments to
regulate the placement, construction, and modifica-
tion of such facilities on the basis of the environ-
mental effects of the operation of such facilities.
(3) To prohibit the Federal Communications
Commission from adopting rules which would pre-
empt State and local regulation of the placement of
such facilities.
SEC. 2. STATE AND LOCAL AUTHORITY OVER PLACEMENT,
CONSTRUCTION, AND MODIFICATION OF CER-
TAIN TELECOMMUNICATIONS FACILITIES.
(a) REPEAL OF LIMITATIONS.—Section 332(c)(7)(B)
of the Communications Act of 1934 (47 U.S.C.
332(c)(7)(B)) is amended—
(1) in clause (i), by striking ‘‘thereof—’’ and all
that follows through the end and inserting ‘‘thereof
shall not unreasonably discriminate among providers
of functionally equivalent services.’’;
(2) by striking clause (iv);
(3) by redesignating clause (v) as clause (iv);
and
(4) in clause (iv), as so redesignated—
(A) in the first sentence, by striking ‘‘30
days after such action or failure to act’’ and in-
serting ‘‘30 days after exhaustion of any admin-
istrative remedies with respect to such action or
failure to act’’; and