HomeMy Public PortalAbout1997_10_28_R257The Town of
Leesburg,
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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
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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.
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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.