(3) in clause (iv), as so redesignated—
(A) in the first sentence, by striking ‘‘may, 
within 30 days’’ and all that follows through 
the end of the sentence and inserting ‘‘may 
commence an action in any court of competent 
jurisdiction. Such action shall be commenced 
within 30 days after such action or failure to 
act unless the State concerned has established 
a different period for the commencement of 
such action.’’; and 
(B) by striking the third sentence and in-
serting the following: ‘‘In any such action in 
which a person seeking to place, construct, or 
modify a personal wireless services facility is a 
party, such person shall bear the burden of 
proof, regardless of who commences such ac-
tion.’’. 
(b) PROHIBITION ON ADOPTION OF RULE REGARD-
ING RELIEF FROM STATE AND LOCAL REGULATION OF 
FACILITIES.—Notwithstanding any other provision of law, 
the Federal Communications Commission shall not adopt 
as a final rule or otherwise directly or indirectly implement 
any portion of the proposed rule set forth in ‘‘Procedures 
for Reviewing Requests for Relief From State and Local 
Regulation Pursuant to Section 332(c)(7)(B)(v) of the
Communications Act of 1934’’, WT Docket No. 97–192, 
released August 25, 1997. 
(c) AUTHORITY OVER PLACEMENT, CONSTRUCTION, 
AND
MODIFICATION
OF
FACILITIES.—Such section 
332(c)(7) is further amended—
(1) by redesignating subparagraph (C) as sub-
paragraph (D); and 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph (C): 
‘‘(C) ADDITIONAL LIMITATIONS.—
‘‘(i) AUTHORITY TO REQUIRE LEAST 
INTRUSIVE FACILITIES.—
‘‘(I) IN
GENERAL.—A State or 
local government may deny an appli-
cation to place, construct, or modify 
personal wireless services facilities on 
the basis that alternative technologies, 
delivery systems, or structures are ca-
pable of delivering a personal wireless 
services signal comparable to that pro-
posed to be delivered by such facilities 
in a manner that is less intrusive to 
the community concerned than such 
facilities.
‘‘(II) CONSIDERATIONS.—In de-
termining under subclause (I) the in-
trusiveness of technologies, delivery 
systems, or structures for personal 
wireless services facilities, a State or 
local government may consider the 
aesthetics of such technologies, sys-
tems, or structures, the environmental 
impact of such technologies, systems, 
or structures, and the radio frequency 
interference or radiation emitted by 
such technologies, systems, or struc-
tures. 
‘‘(III) BURDEN
OF
PROOF.—In 
any hearing for purposes of the exer-
cise of the authority in subclause (I), 
the burden shall be on the applicant. 
‘‘(ii) RADIO INTERFERENCE.—A State 
or local government may regulate the loca-
tion, height, or modification of personal 
wireless services facilities in order to ad-
dress the effects of radio frequency inter-
ference caused by such facilities on local 
communities and the public.
‘‘(iii) AUTHORITY TO REQUIRE STUD-
IES AND DOCUMENTATION.—No provision 
of this Act may be interpreted to prohibit 
a State or local government from—
‘‘(I) requiring a person seeking 
authority to place, construct, or mod-
ify personal wireless services facilities 
to produce—
‘‘(aa) environmental, biologi-
cal, and health studies, engineer-
ing reports, or other documenta-
tion of the compliance of such fa-
cilities with radio frequency expo-
sure limits, radio frequency inter-
ference impacts, and compliance 
with applicable laws, rules, and 
regulations governing the effects 
of such facilities on the environ-
ment, public health and safety, 
and the general welfare of the 
community and the public; and 
‘‘(bb) documentation of the 
compliance of such facilities with 
applicable Federal, State, and 
local aviation safety standards or
aviation obstruction standards re-
garding objects effecting navi-
gable airspace; or 
‘‘(II) refusing to grant authority 
to such person to place, construct, or 
modify such facilities within the juris-
diction of such government if such 
person fails to produce studies, re-
ports, 
or 
documentation 
required 
under subclause (I). 
‘‘(iv) 
CONSTRUCTION.—Nothing 
in 
this subparagraph may be construed to 
prohibit or otherwise limit the authority of 
a State or local government to ensure com-
pliance with or otherwise enforce any state-
ments, assertions, or representations filed 
or submitted by or on behalf of an appli-
cant with the State or local government for 
authority to place, construct, or modify 
personal wireless services facilities within 
the jurisdiction of the State or local gov-
ernment.’’.
Æ