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How did the Lake Cedar Group Tower
Come to be "Approved"?
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In the middle of the night during the closing hours of the 109th Congress in December 2006,
Senate Bill 4092, co-sponsored by Colorado Senators Ken Salazar and Wayne Allard, was
brought before both houses of Congress using a procedure reserved for “non-controversial”
bills. Without discussion, debate or vote, S 4092 was considered “unanimously approved”
by both houses of Congress. After approval by President Bush, the bill became
Public Law 109-466. To read Public Law 109-466, click here...
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Public Law 109-466 declared Lookout Mountain
to be the only “zoning-free” digital television
broadcast site in the United States. This ill-
conceived Federal legislation has created a
regulatory vacuum. Because this bill preempts
local jurisdiction, residents of Lookout Mountain
are not afforded the protections normally
provided by local zoning authorities.
Before local authority was preempted, zoning
regulations prohibited the building of towers
that could fall on nearby residences. Gone also
are rules regarding fire hazard and building
standards. The Federal Government has not
provided any rules to fill the regulatory void
created by this legislation.
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The FCC has no regulations regarding the interference of broadcast television stations with consumer or
business electronics. The FCC has long maintained that it has exclusive jurisdiction regarding regulation of
interference, and that it is the traditional role of local government to regulate placement and construction of
broadcast facilities. That is, local government should carefully consider placement of broadcast facilities in order
to avoid interference.
Now, on Lookout Mountain, local government is excluded from participation in what the FCC has
considered the “traditional role” of local government.
The legislation is ambiguous regarding the definition of “Lookout Mountain.” Lookout Mountain is defined as a
single point, that being the highest elevation of the mountain. There is no definition of the area that is
controlled by the legislation. Where does Lookout Mountain end?
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Follow the Money
According to lobbying reports, Lake Cedar Group spent
$140,000 in 2006 to lobby the Senate and House as well
as the FCC for the specific legislation that was co-sponsored
by Senators Salazar and Allard.
The Senators did not even bother to contact tower opponents
in order to understand the “other side” of the tower
controversy, and their only significant input came from the
Lake Cedar Group Lobbyists.
To see the Lobby Reports, click here...
For more detailed Antenna information and articles, please
visiti City & Mountain Views at:
http://www.citymtnviews.com/AntennaMainPage.php4. |
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