S.2964 - Local Control of Cellular Towers Act108th Congress (2003-2004)
Summary: S.2964 — 108th Congress (2003-2004)
Local Control of Cellular Towers Act - Amends the Communications Act of 1934 to repeal the prohibition against a State or local government regulating the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with emission regulations of the Federal Communications Commission (FCC).
Introduced in Senate (10/08/2004)
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.