text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Local Control of Broadcast Towers 
  Act''.
  
  SEC. 2. FINDINGS AND PURPOSE.
  
      (a) Findings.--Congress makes the following findings:
              (1) The placement, construction, and modification of 
          broadcast transmission facilities near residential communities 
          and facilities such as schools can greatly reduce the value of 
          residential properties, destroy the views from properties, 
          produce radio frequency interference, raise concerns about 
          potential long-term health effects of such facilities, and 
          reduce substantially the desire to live in the areas of such 
          facilities.
              (2) States and local governments have traditionally 
          regulated development and should be able to exercise control 
          over the placement, construction, and modification of broadcast 
          transmission facilities through the use of zoning and other 
          land use regulations relating to the protection of the 
          environment, public health and safety, and the general welfare 
          of the community and the public.
              (3) The Federal Communications Commission establishes 
          policies to govern interstate and international communications 
          by television, radio, wire, satellite, and cable. The 
          Commission ensures compliance of such activities with 
          applicable Federal laws, including the National Environmental 
          Policy Act of 1969 and the National Historic Preservation Act, 
          in its decision-making on such activities.
              (4) The Commission defers to State and local authorities 
          which regulate the placement, construction, and modification of 
          broadcast transmission facilities through the use of zoning, 
          construction and building, and environmental and safety 
          regulations in order to protect the environment and the health, 
          safety, and general welfare of communities and the public.
              (5) On August 19, 1997, the Commission issued a proposed 
          rule, MM Docket No. 97-182, which would preempt the application 
          of most State and local zoning, environmental, construction and 
          building, and other regulations affecting the placement, 
          construction, and modification of broadcast transmission 
          facilities.
              (6) The telecommunications industry and its experts should 
          be expected to have access to the best and most recent 
          technical information and should therefore be held to the 
          highest standards in terms of their representations, 
          assertions, and promises to governmental authorities.
      (b) Purpose.--The purpose of this Act is to confirm that State and 
  local governments are the appropriate entities--
              (1) to regulate the placement, construction, and 
          modification of broadcast transmission facilities consistent 
          with State and local zoning, construction and building, 
          environmental, and land use regulations;
              (2) to regulate the placement, construction, and 
          modification of broadcast transmission facilities so that their 
          placement, construction, or modification will not interfere 
          with the safe and efficient use of public airspace or otherwise 
          compromise or endanger the health, safety, and general welfare 
          of the public; and
              (3) to hold accountable applicants for permits for the 
          placement, construction, or modification of broadcast 
          transmission facilities, and providers of services using such 
          facilities, for the truthfulness and accuracy of 
          representations and statements placed in the record of hearings 
          for such permits, licenses, or approvals.
  
  SEC. 3. PROHIBITION ON ADOPTION OF RULE REGARDING PREEMPTION OF STATE 
                AND LOCAL AUTHORITY OVER BROADCAST TRANSMISSION 
                FACILITIES.
  
      Notwithstanding any other provision of law, the Federal 
  Communications Commission shall not adopt as a final rule or otherwise 
  directly or indirectly implement any portion of the proposed rule set 
  forth in ``Preemption of State and Local Zoning and Land Use 
  Restrictions on Siting, Placement and Construction of Broadcast Station 
  Transmission Facilities'', MM Docket No. 97-182, released August 19, 
  1997.
  
  SEC. 4. AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF 
                BROADCAST TRANSMISSION FACILITIES.
  
      Part I of title III of the Communications Act of 1934 (47 U.S.C. 
  301 et seq.) is amended by adding at the end the following:
  
  ``SEC. 340. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND 
                MODIFICATION OF BROADCAST TRANSMISSION FACILITIES.
  
      ``(a) Authority To Require Least Intrusive Facilities.--
              ``(1) In general.--A State or local government may deny an 
          application to place, construct, or modify broadcast 
          transmission facilities on the basis that alternative 
          technologies, delivery systems, or structures are capable of 
          delivering broadcast signals comparable to that proposed to be 
          delivered by such facilities in a manner that is less intrusive 
          to the community concerned than such facilities.
              ``(2) Considerations.--In determining under paragraph (1) 
          the intrusiveness of technologies, delivery systems, or 
          structures for the transmission of broadcast signals, a State 
          or local government may  consider the aesthetics of such 
  technologies, systems, or structures, the environmental impact of such 
  technologies, systems, or structures, and the radio frequency 
  interference or radiation emitted by such technologies, systems, or 
  structures.
              ``(3) Burden of proof.--In any hearing for purposes of the 
          exercise of the authority in paragraph (1), the burden shall be 
          on the applicant.
      ``(b) Radio Interference.--A State or local government may regulate 
  the location, height, or modification of broadcast transmission 
  facilities in order to address the effects of radio frequency 
  interference caused by such facilities on local communities and the 
  public.
      ``(c) Authority To Require Studies and Documentation.--No provision 
  of this Act may be interpreted to prohibit a State or local government 
  from--
              ``(1) requiring a person seeking authority to place, 
          construct, or modify broadcast transmission facilities to 
          produce--
                      ``(A) environmental, biological, and health 
                  studies, engineering reports, or other documentation of 
                  the compliance of such facilities with radio frequency 
                  exposure limits, radio frequency interference impacts, 
                  and compliance with applicable laws, rules, and 
                  regulations governing the effects of such facilities on 
                  the environment, public health and safety, and the 
                  general welfare of the community and the public; and
                      ``(B) documentation of the compliance of such 
                  facilities with applicable Federal, State, and local 
                  aviation safety standards or aviation obstruction 
                  standards regarding objects effecting navigable 
                  airspace; or
              ``(2) refusing to grant authority to such person to place, 
          construct, or modify such facilities within the jurisdiction of 
          such government if such person fails to produce studies, 
          reports, or documentation required under paragraph (1).
      ``(d) Construction.--Nothing in this section may be construed to 
  prohibit or otherwise limit the authority of a State or local 
  government to ensure compliance with or otherwise enforce any 
  statements, assertions, or representations filed or submitted by or on 
  behalf of an applicant with the State or local government for authority 
  to place, construct, or modify broadcast transmission facilities within 
  the jurisdiction of the State or local government.
      ``(e) Broadcast Transmission Facility Defined.--In this section, 
  the term `broadcast transmission facility' means the equipment, or any 
  portion thereof, with which a broadcaster transmits and receives the 
  radiofrequency waves that carry the services of the broadcaster, 
  regardless of whether the equipment is sited on one or more towers or 
  other structures owned by a person or entity other than the 
  broadcaster, and includes the location of such equipment.''.
target: Local Control of Broadcast Towers Act - Prohibits the Federal Communications Commission from adopting a final rule or otherwise implementing any portion of a proposed rule regarding the preemption of State and local zoning and land use restrictions on the siting, placement, and construction of broadcast station transmission facilities. Amends the Communications Act of 1934 to allow a State or local government to deny an application to place, construct, or modify such facilities on the basis that alternative technologies, systems, or structures are capable of delivering such services in a manner less intrusive to the local community. Places the burden of proving the appropriateness of proposed facilities on applicants. Allows a State or local government to regulate the location, height, or modification of such facilities in order to address the effects of radio frequency interference on local communities and the public.Prohibits the Act from being interpreted to prohibit a State or local government from requiring environmental or other studies, reports, or documentation concerning the placement, construction, or modification of such facilities.
feat_title: A bill to amend the Communications Act of 1934 to clarify and reaffirm State and local authority to regulate the placement, construction, and modification of broadcast transmission facilities, and for other purposes.