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Leahy, Jeffords And Sanders Renew Push
For Local Control
Of Cellular and Broadcast Tower Locations
Thurs., Oct. 10 -- Senator Patrick Leahy, Senator
James Jeffords and Representative Bernie Sanders Thursday introduced
two bills to close a loophole in the 1996 Telecommunications Act that
undermines the ability of states and communities to determine where
and how new cellular and broadcast transmission towers are built.
These bills -- the Local Control of Cellular
Towers Act and the Local Control of Broadcast Towers Act -- are part
of the delegation’s long battle to repeal a 1996 law that snatched
jurisdiction over tower location decisions from communities and states
and replaced it with federal decision-making. The Vermont lawmakers
introduced different versions of their new legislation in previous
congressional sessions. Leahy, Jeffords, and Sanders joined with many
other Vermonters in 2000 to file a “friend of the court” brief with
the Supreme Court arguing that the FCC’s rule violated the 10th
Amendment. Despite the fact that Circuit Courts have issued
conflicting rulings on the issue, the high court did not take up the
case.
“As a Vermonter, I do not want to wake up ten
years from now and see my state turned into a pincushion of antennas
and towers,” said Leahy, who in 1997 authored the first such bill on
behalf of the delegation. “This is a straightforward issue about
local control. Our bills give state and local governments the power
to require co-location and less-intrusive technologies. At comparable
costs, these technologies allow the telecommunications industry to
provide the same quality services without erecting towers on every
hill or mountain.”
Jeffords, a
cosponsor of the bills, said, “To meet the demand for cellular phones
and service, providers will continue to erect towers. Shouldn't our
communities have a say over where they go? Our mountain ranges and
beautiful views are such a vital part of our landscape. Giving local
communities authority over tower construction and placement is a step
towards preserving these assets. People don't travel to Vermont to
look at towers, they travel to Vermont to enjoy the pristine views.”
Representative Sanders has introduced the
companion measures in the House. Sanders said, “The
Telecommunications Act of 1996 stripped American citizens of very
basic rights over their communities. Citizens in Vermont and across
the nation have the right to determine the future of their
communication landscapes and if they choose not to have cellular
towers and antennas on every corner then that is their prerogative.”
The two bills introduced Thursday would also
override FCC rulings that potentially reverse the burden of proof
under Vermont’s Act 250. Contrary to the requirements of Act 250, the
proposed FCC rule would place the burden of proof on the community
rather than the developer. The bills affirm that the burden of proof
should be on the telecommunications companies and that final authority
over construction rests in the hands of state and local officials, not
with federal agencies.
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