FCC proposal to override local zoning laws: summary and suggested letter

Summary of the FCC Notice of Proposed Rulemaking

The summary is copied directly from the Federal Register dated September 2, 1997. The entire text is available to members.

Summary: The Commission issues this Notice of Proposed Rulemaking to consider whether and in what circumstances to preempt certain state and local zoning and land use ordinances which present an obstacle to the rapid implementation of digital television (``DTV'') service. Having found that the accelerated roll-out is essential to the success of over-the-air DTV, the Commission set out an accelerated construction schedule for DTV facilities. To the extent that state and local restrictions stand as an obstacle to the achievement of its purposes the Commission has the authority to preempt state or local law. In this Notice of Proposed Rulemaking, the Commission seeks comment on whether and in what circumstances it should preempt state or local action or inaction that interferes with the rapid roll-out of DTV.

DATES: Comments are due on or before October 30, 1997, and reply comments are due on or before December 1, 1997.

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Office of the Secretary
Federal Communications Commission
1919 M Street, NW
Washington, DC 20554

ATTN.: Docket No. FCC 97-296

Gentlemen:

I am writing to you to oppose the Notice of Proposed Rulemaking (NPRM) currently open for comments by the Federal Communications Commission (FCC). Under no circumstances should the FCC preempt state or local zoning laws or land use ordinances to speed up the implementation of Digital Television (DTV) service. The mandate, which allows the FCC to essentially expand its own power to overrule the state, county, and city zoning ordinances, should not be used when approval is necessary for the construction of a broadcast tower.

Due to the following reasons, I am opposed to the NPRM:

Preemption of the zoning laws at both the state and local level will result in new hazards to aerial operations, aircraft, and passengers in the United States.
The implementation of the Digital Television (DTV) mandate by congress should not give the FCC free reign over state and local issues which are being handled with due process. The time frame created by congress did not take into consideration all aspects of DTV establishment. The safety of citizens, aircraft passengers, and pilots should not be sacrificed just to meet a time frame mandated by a congress who did not completely understand the magnitude of the DTV construction process or procurement.
The FCC proposal conflicts directly with the Federal Aviation Administration's (FAA's) mandate to protect the airspace from unsafe obstructions penetrating navigable airspace. This conflict should have been resolved PRIOR to the proposal being opened for comment.
The FAA is unable to protect ALL airports from obstruction development. The FAA mandate only allows for analysis of effect on public use airports. The FAA has an ongoing program, including published suggestions about how local governments should create zoning laws that protect local airports from obstructions. (See FAA Advisory Circular 150/5190-4A.)
The FAA regulations pertaining to obstructions cannot be used to enforce the outcome of an aeronautical study. 14 CFR Part 77 only requires that the sponsor of the proposed construction notify the FAA, not follow the FAA's regulations. This proverbial "hole" in the regulations leaves the FAA at a major disadvantage when trying to protect navigable airspace.

The FAA relies on the FCC to follow FAA recommendations, however the proposal to override state and local zoning shows extreme motive to allow these tall towers to be erected.

The NPRM proposes preemption of zoning laws for more than just DTV towers, it also proposes to override determinations by local government when FM antennas are proposed as well. The FCC is taking too much power into their own hands!
This implementation is not for the people and by the people, but rather, for the broadcasters and by the broadcasters. The benefit of this NPRM is to fill the pockets of the networks and nothing more!

Signed,

Concerned Citizen of the United States