Issue Brief |
Issue: The Federal Communications Commission (FCC) issued a Notice of Proposed Rule Making (NPRM) on September 2, 1997 that would preempt state and local zoning laws for communication towers in order to facilitate the rapid implementation of Digital Television (DTV). AOPA strongly opposes this NPRM because preemption of state and local zoning laws could result in new safety hazards to aviation and reduce airport capacity.
Background: An obstruction, such as a communication tower, erected in the approach or departure path of an airport can present a collision hazard, and may restrict or prevent access to one or more of the airport's runways. The presence of an obstruction can also force aircraft to fly at higher altitudes than previously required, which may require the aircraft to penetrate weather conditions not suitable for flight. Aircraft could be forced to cancel flights or significantly alter their course to avoid flying at a higher altitude. As a result, airport capacity is reduced and the value of federal, state and local investments in that airport is diminished.
Currently, the law requires that the Federal Aviation Administration (FAA) be notified regarding construction or expansion of any structure which may impact safety or the efficient use of navigable airspace and capacity at public-use airports. The FAA may comment and make recommendations regarding obstructions, but does not have authority to regulate or enforce standards. Since 1928, state and local zoning has been the method of protecting airports from obstructions. AOPA has successfully worked with state legislatures and local governments to improve existing laws, ordinances and land-use codes that protect navigable airspace, especially in the proximity of airports.
In Spring of 1997, the FCC adopted an accelerated schedule for construction of DTV transmission facilities, which requires extensive tower modification and new construction. The proponents of DTV then argued that state and local regulations present an obstacle to their aggressive construction schedule, and petitioned the FCC to adopt a rule which would allow the FCC to preempt state and local zoning and other land use regulations in order to meet their schedule. This NPRM is the result of their petition. If implemented, it would result in many new towers springing up around the country, some taller than 1,000 feet. Many of these towers could severely impact airports, airspace and air traffic control.
Status: The FCC may issue a final rule as soon as January 1998. U.S. Senator Patrick Leahy and U.S. Representative Bernard Sanders have introduced legislation (S. 1350 and H.R. 3016) which would prohibit the FCC from adopting the proposed rule and repeals the FCC's authority to preempt state and local regulations affecting the placement of new telecommunications towers.
Recommended Action: We believe accelerated implementation of DTV should not be accomplished at the expense of the flying public. AOPA Legislative Action has urged the FCC to reject this proposed rule. Failing that, we would encourage Congress to take action through legislation such as S. 1350 and H.R. 3016.
Posted Friday, December 19, 1997 3:16:50 PM