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1999 SESSION

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983054488
HOUSE JOINT RESOLUTION NO. 258 Offered January 26, 1998 Memorializing Congress to oppose any proposed Federal Communications Commission regulations that usurp local government's decision making regarding the regulation of digital television towers, radio towers, and other wireless communication towers. ---------- Patron-- Wilkins ---------- Referred to Committee on Rules ----------

WHEREAS, the Federal Communications Commission ("FCC") is proposing new regulations that preclude the ability of local governments to regulate the proliferation of digital television towers, radio towers, and other wireless communication towers; and

WHEREAS, these proposed regulations will preempt legally authorized local governmental zoning decisions and totally disregard local concerns for property values, historic districts, and aesthetics; and

WHEREAS, these proposed regulations require that appeals of local zoning or other decisions be sent directly to the FCC, thereby obviating the customary appeal to state courts which are familiar with local zoning laws and policies; and

WHEREAS, the proposed regulations require local governments to take action on requests to erect towers within 21 to 45 days, and failure to act within these time frames results in the request automatically being granted; and

WHEREAS, forcing local governments to act within these time frames is contrary to current laws requiring notice to adjoining landowners, public hearing requirements, and appeals; and these time limits are unrealistic and ignore the due process protections embedded in state and local zoning laws; and

WHEREAS, these regulations represent an unprecedented attack and erosion of local zoning authority by the FCC; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That the Congress be urged to oppose any proposed Federal Communications Commission regulations that usurp local government's decision making regarding the regulation of digital television towers, radio towers, and other wireless communication towers; and, be it

RESOLVED FURTHER, That the Clerk of the House of Delegates transmit a copy of this resolution to the Congressional Delegation of Virginia in order that they may be apprised of the sense of the General Assembly in this matter.