COM 0852.000 1996-1998 - Laserfiche WebLink

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APE-30-98 THU 1:45 PH KAUAI COUNTY CLERK FAY NO. 1 808 2416349 P.13 NATIONAL ASSOCIATION OF COUNTIES (NACo) 1996 LEGISLATIVE CONFERENCE March 1, 1998 Washington Hilton & Towers, Washington. D-C. Workshop on "Telecommunications: The Volume Goes Up in 1998" In the two years since the Telecommunications Act of 1996 has been passed, issues continue to arise over the future of telecommunications service. Counties face problems with placement of both broadcast and cellular towers. The following speakers addressed these Issues from several perspectives. Mr. Edward Barron Deguty Chief Counsel, US Senat@ Judiciary Committee As a result of controversy surrounding a tower siting In Vermont, Senator Leahy has Introduced a bill to repeal portions of the Telecommunications Act of 1996 (1996 TCA), The reason behind this bill Is that some sections of the 1998 TCA have been expanded beyond its original legislative Intent, allowing telecommunications companies to go to court to site anywhere. While Vermont state law allows State-level involvement, there are still challenges to local authorities that must be addressed. Senator Leahy's proposal is to repeal two parts of Section 704-2 of the 1996 TCA in order to allow local governments to re-assert their authority. These two sections relate to a town's or locality's ability to 1141 say "NO" to a tower site, and limitations on a town's or locality's ability to monitor and/or measure radio frequency emissions with information from a telecommunications company to see if compliance with health standards are met Since 1934, certain pre-empttve authorities have been given to companies proposing to site new towers. Senator Leahy has Introduced this bill to correct inconsistencies and to most current technological standards. Another issue that needs to be addressed is tower facilities made obsolete by new technology. There is also available "towerless cellular' technology on the market that allows cellular telephones to use the same frequency from cell site to cell site rather than switching frequencies. This eliminates the need for stand-alone cellular antennas and switching equipment from cell to cell; instead, equipment Is designed to hang from existing utility poles. Changes are needed In the 1998 TCA to disallow companies from pre-empting local authorities from participating in this Issue. There is also a battle going on in Congress over takings legislation which affects this Issue, as It is currently being proposed to allow developers to proceed directly to the Federal courts to file against local authorities If there is a zoning disagreement on tower siting. Roz Allen_ pepuly Chief, Wireless Bureau Federal ommunlcations Commis ton Ms. Allen is the primary liaison with local government on wireless tower siting issues (telephone: 202-416-0611; e-mail address: Callen®fcc.gov) and she related the position of Bill Kennard, Chair of the Federal Communications Commission (FCC).