I 
107TH CONGRESS 
2D SESSION 
H. R. 5632
To amend the Communications Act of 1934 to clarify and reaffirm State 
and local authority to regulate the placement, construction, and modifica-
tion of broadcast transmission facilities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 10, 2002
Mr. SANDERS (for himself, Mr. TANCREDO, and Mr. DAVIS of Illinois) intro-
duced the following bill; which was referred to the Committee 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 broadcast trans-
mission 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 
Broadcast Towers Act’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress makes the following find-
ings:
(1) The placement, construction, and modifica-
tion of broadcast transmission facilities near residen-
tial communities and facilities such as schools can 
greatly reduce the value of residential properties, de-
stroy the views from properties, produce radio fre-
quency interference, raise concerns about potential 
long-term health effects of such facilities, and reduce 
substantially 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 broadcast transmission facilities 
through the use of zoning and other land use regula-
tions relating to the protection of the environment, 
public health and safety, and the general welfare of 
the community 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 compli-
ance of such activities with applicable Federal laws, 
including the National Environmental Policy Act of 
1969 and the National Historic Preservation Act, in 
its decision-making on such activities.
(4) The Commission defers to State and local 
authorities which regulate the placement, construc-
tion, and modification of broadcast transmission fa-
cilities through the use of zoning, construction and 
building, and environmental and safety regulations 
in order to protect the environment and the health, 
safety, and general welfare of communities and the 
public. 
(5) On August 19, 1997, the Commission 
issued a proposed rule, MM Docket No. 97–182, 
which would preempt the application of most State 
and local zoning, environmental, construction and 
building, and other regulations affecting the place-
ment, construction, and modification of broadcast 
transmission facilities. 
(6) 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) PURPOSE.—The purpose of this Act is to confirm 
that State and local governments are the appropriate enti-
ties—
(1) to regulate the placement, construction, and 
modification of broadcast transmission facilities con-
sistent with State and local zoning, construction and 
building, environmental, and land use regulations; 
(2) to regulate the placement, construction, and 
modification of broadcast transmission facilities so 
that their placement, construction, or modification 
will not interfere with the safe and efficient use of 
public airspace or otherwise compromise or endanger 
the health, safety, and general welfare of the public; 
and 
(3) to hold accountable applicants for permits 
for the placement, construction, or modification of 
broadcast transmission facilities, and providers of 
services using such facilities, for the truthfulness 
and accuracy of representations and statements 
placed in the record of hearings for such permits, li-
censes, or approvals. 
SEC. 3. PROHIBITION ON ADOPTION OF RULE REGARDING 
PREEMPTION OF STATE AND LOCAL AUTHOR-
ITY OVER BROADCAST TRANSMISSION FA-
CILITIES. 
Notwithstanding any other provision of law, the Fed-
eral Communications Commission shall not adopt as a 
final rule or otherwise directly or indirectly implement any
portion of the proposed rule set forth in ‘‘Preemption of 
State and Local Zoning and Land Use Restrictions on 
Siting, Placement and Construction of Broadcast Station 
Transmission Facilities’’, MM Docket No. 97–182, re-
leased August 19, 1997. 
SEC. 4. AUTHORITY OVER PLACEMENT, CONSTRUCTION, 
AND MODIFICATION OF BROADCAST TRANS-
MISSION FACILITIES. 
Part I of title III of the Communications Act of 1934 
(47 U.S.C. 301 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 340. STATE AND LOCAL AUTHORITY OVER PLACE-
MENT, CONSTRUCTION, AND MODIFICATION 
OF BROADCAST TRANSMISSION FACILITIES. 
‘‘(a) AUTHORITY TO REQUIRE LEAST INTRUSIVE 
FACILITIES.—
‘‘(1) IN GENERAL.—A State or local govern-
ment may deny an application to place, construct, or 
modify broadcast transmission facilities on the basis
that alternative technologies, delivery systems, or 
structures are capable of delivering broadcast signals 
comparable to that proposed to be delivered by such 
facilities in a manner that is less intrusive to the 
community concerned than such facilities.
‘‘(2) CONSIDERATIONS.—In determining under 
paragraph (1) the intrusiveness of technologies, de-
livery systems, or structures for the transmission of 
broadcast signals, a State or local government may 
consider the aesthetics of such technologies, systems, 
or structures, the environmental impact of such 
technologies, systems, or structures, and the radio 
frequency interference or radiation emitted by such 
technologies, systems, or structures. 
‘‘(3) BURDEN OF PROOF.—In any hearing for 
purposes of the exercise of the authority in para-
graph (1), the burden shall be on the applicant. 
‘‘(b) RADIO INTERFERENCE.—A State or local gov-
ernment may regulate the location, height, or modification 
of broadcast transmission facilities in order to address the 
effects of radio frequency interference caused by such fa-
cilities on local communities and the public. 
‘‘(c) AUTHORITY TO REQUIRE STUDIES AND DOCU-
MENTATION.—No provision of this Act may be interpreted 
to prohibit a State or local government from—
‘‘(1) requiring a person seeking authority to 
place, construct, or modify broadcast transmission 
facilities to produce—
‘‘(A) environmental, biological, and health 
studies, engineering reports, or other docu-
mentation of the compliance of such facilities 
with radio frequency exposure limits, radio fre-
quency interference impacts, and compliance 
with applicable laws, rules, and regulations gov-
erning the effects of such facilities on the envi-
ronment, public health and safety, and the gen-
eral welfare of the community and the public; 
and 
‘‘(B) documentation of the compliance of 
such facilities with applicable Federal, State, 
and local aviation safety standards or aviation 
obstruction standards regarding objects effect-
ing navigable airspace; or 
‘‘(2) refusing to grant authority to such person 
to place, construct, or modify such facilities within 
the jurisdiction of such government if such person 
fails to produce studies, reports, or documentation 
required under paragraph (1). 
‘‘(d) CONSTRUCTION.—Nothing in this section may 
be construed to prohibit or otherwise limit the authority 
of a State or local government to ensure compliance with 
or otherwise enforce any statements, assertions, or rep-
resentations filed or submitted by or on behalf of an appli-
cant with the State or local government for authority to 
place, construct, or modify broadcast transmission facili-
ties within the jurisdiction of the State or local govern-
ment. 
‘‘(e) BROADCAST
TRANSMISSION
FACILITY
DE-
FINED.—In this section, the term ‘broadcast transmission 
facility’ means the equipment, or any portion thereof, with 
which a broadcaster transmits and receives the radio-
frequency waves that carry the services of the broadcaster, 
regardless of whether the equipment is sited on one or 
more towers or other structures owned by a person or enti-
ty other than the broadcaster, and includes the location 
of such equipment.’’.
Æ