WASHINGTON-Sens. Patrick Leahy (D-Vt.) and James Jeffords (R-Vt.) shortly plan to introduce new legislation that would repeal federal pre-emption of local zoning regulation, encourage alternative technologies in lieu of large towers and allow communities to reject antenna-siting applications if wireless carriers fail to fully document compliance with radio-frequency exposure and local and state aviation safety standards.
The bill is an updated version of one introduced last year by the two Vermont senators and Reps. Bernie Sanders (I-Vt.) and Christopher Shays (R-Conn.).
Leahy and Jeffords have secured the support of Sens. Daniel Moynihan (D-N.Y.) and Russell Feingold (D-Wis.) and are shopping the new draft bill around to other lawmakers.
Antenna-siting bills introduced last October have gone nowhere because the legislation cannot get by House telecom subcommittee Chairman Billy Tauzin (R-La.) and Senate Commerce Committee Chairman John McCain (R-Ariz.).
That Leahy and Jeffords now are pushing a tougher antenna-siting bill in light of the Federal Communications Commission’s pre-emption-as-a-last-resort policy and the industry-state/local government compromise that resulted in the withdrawal of a pre-emption petition suggests the Vermont lawmakers are not satisfied with those gestures and want legal protection against future attempts to dilute local oversight of antenna siting.
But the new bill faces the same obstacles as the old one. Aides to Jeffords and Leahy openly admit their best-perhaps only-chance for the bill’s success depends on getting the measure attached to another piece of legislation that is moving.
Moreover, the GOP-led Congress only has a precious four weeks to pass 13 appropriations bills and other high-priority measures. Also expected to compete for lawmakers’ attention before they adjourn for midterm elections is the report that special prosecutor Kenneth Starr plans to send Congress soon.
“Coming on the heels of the Local and State Government Advisory Committee guidelines (on antenna siting), we’d like to see the process work with the authority the FCC already has to resolve these issues,” said Jay Kitchen, president of the Personal Communications Industry Association.
Vermont, vigilantly protective of states rights and heavily dependent on tourism, has led the backlash against federal pre-emption of local antenna-siting regulation. The wireless industry fears the 200 moratoria and other antenna-siting delays will cripple the rollout of new personal communications systems and the expansion of cellular networks throughout the country.
The industry has met stiff opposition from soccer moms, environmentalists and organized labor in efforts to erect 100,000 new antennas throughout the country.
“We would not expect Congress would want to revisit this when so many of these issues are being worked out,” said Tim Ayers, a spokesman for the Cellular Telecommunications Industry Association.
Indeed, Ayers said there is little need for government interference given the move toward collocation of antennas and the design of aesthetic-friendly transmission towers.