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 personal wireless services facilities, and for other purposes.
Requires, in any action in which a person is seeking to place, construct, or modify such a facility, that person to bear the burden of proof, regardless of who commences the action.
Prohibits the FCC from adopting a final rule or otherwise implementing any portion of a proposed FCC rule regarding relief from State and local regulation of such facilities.
Allows 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. Requires the burden of proving the appropriateness of proposed facilities to be the applicant's.
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.
Referred to the Subcommittee on Telecommunications and the Internet.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S10380)
Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S10382)
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