Fair Use Statement

U.S. SENATOR PATRICK LEAHY

CONTACT: Office of Senator Leahy, 202-224-4242

VERMONT NEWS FROM THE VERMONT CONGRESSIONAL DELEGATION

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.