I 
107TH CONGRESS 
2D SESSION 
H. R. 5631
To amend the Communications Act of 1934 to clarify and reaffirm State 
and local authority to regulate the placement, construction, and modifica-
tion of personal wireless services facilities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 10, 2002
Mr. SANDERS (for himself, Mr. TANCREDO, Mr. DAVIS of Illinois, and Mr. 
SHAYS) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
To amend the Communications Act of 1934 to clarify and 
reaffirm State and local authority to regulate the place-
ment, construction, and modification of personal wireless 
services 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. SHORT TITLE. 
This Act may be cited as the ‘‘Local Control of Cel-
lular Towers Act’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress makes the following find-
ings:
(1) The placement, construction, and modifica-
tion of personal wireless services facilities (also 
known as wireless facilities) near residential commu-
nities and facilities such as schools can greatly re-
duce the value of residential properties, destroy the 
views from properties, produce radio frequency inter-
ference, raise concerns about potential long-term 
health effects of such facilities, and reduce substan-
tially the desire to live in the areas of such facilities. 
(2) States and local governments have tradi-
tionally regulated development and should be able to 
exercise control over the placement, construction, 
and modification of wireless facilities through the 
use of zoning and other land use regulations relating 
to the protection of the environment, public health 
and safety, and the general welfare of the commu-
nity and the public. 
(3) The Federal Communications Commission 
establishes policies to govern interstate and inter-
national communications by television, radio, wire, 
satellite, and cable. The Commission ensures the 
compliance of such activities with a variety of Fed-
eral laws, including the National Environmental Pol-
icy Act of 1969 and the National Historic Preserva-
tion Act, in its decision-making on such activities.
(4) Under section 332(c)(7)(A) of the Commu-
nications Act of 1934 (47 U.S.C. 332(c)(7)(A)), the 
Commission defers to State and local authorities 
that regulate the placement, construction, and modi-
fication of wireless facilities through the use of zon-
ing and other land use regulations. 
(5) Alternative technologies for the placement, 
construction, and modification of wireless facilities 
may meet the needs of a wireless services provider 
in a less intrusive manner than the technologies pro-
posed by the wireless services provider, including the 
use of small towers that do not require blinking air-
craft safety lights, break skylines, or protrude above 
tree canopies. 
(6) It is in the interest of the Nation that the 
requirements of the Commission with respect to the 
application of State and local ordinances to the 
placement, construction and modification of wireless 
facilities (for example WT Docket No. 97–192, ET 
Docket No. 93–62, RM–8577, and FCC 97–303, 62 
FR 47960) be modified so as—
(A) to permit State and local governments 
to exercise their zoning and other land use au-
thorities to regulate the placement, construc-
tion, and modification of such facilities; and
(B) to place the burden of proof in civil ac-
tions, and in actions before the Commission and 
State and local authorities relating to the place-
ment, construction, and modification of such fa-
cilities, on the person that seeks to place, con-
struct, or modify such facilities. 
(7) PCS-Over-Cable, PCS-Over-Fiber Optic, 
and satellite telecommunications systems, including 
Low-Earth Orbit satellites, offer a significant oppor-
tunity to provide so-called ‘‘911’’ emergency tele-
phone service throughout much of the United States 
without unduly intruding into or effecting the envi-
ronment, public health and safety, and the general 
welfare of the community and the public. 
(8) The Federal Aviation Administration must 
rely upon State and local governments to regulate 
the placement, construction, and modification of 
telecommunications facilities near airports or high-
volume air traffic areas such as corridors of airspace 
or commonly used flyways. The proposed rules of the 
Commission to preempt State and local zoning and 
other land-use regulations for the siting of such fa-
cilities will have a serious negative impact on avia-
tion safety, airport capacity and investment, the effi-
cient use of navigable airspace, public health and
safety, and the general welfare of the community 
and the public. 
(9) The telecommunications industry and its ex-
perts should be expected to have access to the best 
and most recent technical information and should 
therefore be held to the highest standards in terms 
of their representations, assertions, and promises to 
governmental authorities. 
(b) PURPOSES.—The purposes of this Act are as fol-
lows: 
(1) To repeal certain limitations on State and 
local authority regarding the placement, construc-
tion, and modification of personal wireless services 
facilities under section 332(c)(7) of the Communica-
tions Act of 1934 (47 U.S.C. 332(c)(7)). 
(2) To permit State and local governments—
(A) to regulate the placement, construc-
tion, or modification of personal wireless serv-
ices facilities with respect to their impacts on 
land use, including radio frequency interference 
and radio frequency radiation, in order to pro-
tect the environment, public health and safety,
and the general welfare of the community and 
the public;
(B) to regulate the placement, construc-
tion, and modification of personal wireless serv-
ices facilities so that they will not interfere with 
the safe and efficient use of public airspace or 
otherwise compromise or endanger the public 
health and safety and the general welfare of the 
community and the public; and 
(C) to hold accountable applicants for per-
mits for the placement, construction, or modi-
fication of personal wireless services facilities, 
and providers of services using such facilities, 
for the truthfulness and accuracy of representa-
tions and statements placed in the record of 
hearings for permits, licenses, or approvals for 
such facilities. 
SEC. 3. STATE AND LOCAL AUTHORITY OVER PLACEMENT, 
CONSTRUCTION, AND MODIFICATION OF PER-
SONAL WIRELESS SERVICES FACILITIES. 
(a) LIMITATIONS ON STATE AND LOCAL REGULA-
TION
OF
FACILITIES.—Subparagraph (B) of section 
332(c)(7) of the Communications Act of 1934 (47 U.S.C. 
332(c)(7)) is amended—
(1) by striking clause (iv); 
(2) by redesignating clause (v) as clause (iv); 
and