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HomeMy Public PortalAbout1997_10_28_R257The Town of Leesburg, rg ma RESOLUTION NO. A RESOLUTION: PRESENTED October 28, 1997 97-257 ADOPTED October 28, 1997 RESPONDING TO FCC RESOLUTION NO. 97-296 CONCERNING PREEMPTION OF STATE AND LOCAL AUTHORITY GOVERNING THE SITING OF RADIO AND TELEVISION BROADCAST TRANSMISSION TOWERS WHEREAS, on August 19, 1997, the Federal Communications Commission (FCC) issued a Notice of Proposed Rule Making (FCC97-296) proposing to preempt certain state and local zoning and land use ordinances governing the siting, placement and construction of radio and television Broadcast Transmission Facilities as "an obstacle to rapid implementation of digital television" (DTV); and WHEREAS, the proposed ruling brought before the commission by the National Association of Broadcasters (NAB) and the Association for Maximum Service Television (MSTV) (Petitioners) suggests zoning and land use ordinances serve to unduly inhibit the siting of antennas made necessary by the implementation of DTV; and WHEREAS, the accelerated DTV transition schedule will require extensive tower modification and construction; and WHEREAS, the Section 253 of the Federal Communications Act provides that nothing in the act shall affect the authority of state and local government to manage the public rights-of-way on a competitively neutral and nondiscriminatory basis; and WHEREAS, the proposed time limit proposed in FCC97-296 (21 days to modify existing broadcast facilities, 30 days to relocate existing broadcast transmission facilities, and 45 days for all other requests) for state and local action in response to request for approval would not allow state and local governments adequate time to perform their long-standing responsibility to review the projects to assure the citizens that the facilities conform -2- RESOLUTION - RADIO AND TELEVISION BROADCAST TRANSMISSION TOWERS to land use, health and safety regulatory objectives and in addition may cause a conflict following localities withstanding Virginia laws; and WHEREAS, the passage of the Telecommunications Act of 1996 has remarkable implications for the national economy, the affected industries and the consumer, it also has huge ramifications for established land use prerogative and changes in state and local laws and regulations governing the siting of telecommunications facilities and the use of public rights-of-way. THEREFORE, RESOLVED that the Council of the Town of Leesburg urges the Federal Communications Commission to reject the proposed preemption of local and state government authority in siting, placement and construction of Broadcast Transmission Facilities as well as any other preemption of local and state land use and right-of-way management authority. Although we understand the FCC's need for a timely approval process, the proposed preemption would prevent Virginia localities from conforming with the public notification requirements of Virginia law. The Commonwealth of Virginia has determined that effective public notice requirements are an important public policy, and we believe that any FCC action must respect that judgment. This is just one of many examples of the local and state policies that the proposed rules would ignore. We ask that the FCC address the matter informally, by meeting with representatives of local and state governments to develop guidelines that will meet the interests of the federal government while respecting the policies and prerogatives of local and state governments. -3- RESOLUTION - RADIO AND TELEVISION BROADCAST TRANSMISSION TOWERS PASSED this 28th day of October, 1997. Ja lem, Mayor Town of Leesburg ATTEST: ~lerk of/CoUncil d~a ,~/¢~ R:FCC FACT SHEET LOCAL REVIEW PROCESS IN VIRGINIA All Virginia localities are required to have a Comprehensive Plan. Each Plan, while general in nature, must indicate the general location and size of "community service facilities" defined as parks, schools, public buildings and institutions, and utilities (which includes telecommunications facilities). Under the Comprehensive Plan, any construction of a "public utility facility or public service corporation ---, whether publicly or privately owned ...' must be reviewed by the local Planning Commission and may be reviewed by the local governing body (City/Town Councils or County Boards of Supervisors) to determine if the proposed utility is in substantial conformance with the local Comprehensive Plan. In order to assure proper review of any such facility under the local Comprehensive Plan and/or Zoning Ordinance, all applications must be in complete and. in proper order prior to the application being officially accepted by the locality. Review of such proposed utilities may require one or more public hearings before the local Planning Commission and governing body. Each such public hearing requires public notification as prescribed by Virginia law. Each public hearing must be advertised at least twice in a local newspaper of general circulation. In certain cases for public heatings, adjacent property owners are required to be notified by registered or certified mail. If the public heating is continued, the these property owners may have to be renotified by registered or certified mail.