Legislative Correspondence_Harkin, Grassley, Braley_FCC PetitionTHE CITY OF DUbUQUB
-•
DUB E i i
~~~~.
Masterpiece on the Mississippi ~~~~
August 8, 2008
U.S. Senator Tom Harkin
731 Hart Senate Office Building
Washington, DC 20510
Dear Senator Harkin,
City Manager's Office
City Hall
50 West 13'h Street
Dubuque,IA 52001-4864
www.cityofdubuque.org
The purpose of this letter is to alert you to the City of Dubuque's concern over a petition currently
before the Federal Communications Commission (FCC). Specifically, this letter addresses the Petition
for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely Siting
Review and to Preempt under Section 253 State and Local Ordinances that Classify All Wireless
Siting Proposals as Requiring a Variance
The CTIA, the trade association of the cellular telephone industry also known as "The Wireless
Association," is asking the FCC to declare new limitations on local zoning authority as it affects cell
tower siting. We are especially concerned over the timing of this action. As you know, many of the
traditional restraints on FCC action, such as Congress and various advocacy groups, are not able to
respond quickly this time of year.
Specifically, the CTIA is asking the FCC to:
• create a "shot clock" of 45 or 75 days for wireless antenna or tower zoning applications;
• rule that applications are automatically deemed granted if a local government misses the FCC's
deadline;
• prevent localities from considering the presence of service by other carriers in evaluating an
additional carrier's application for an antenna site; and
• preempt any local ordinance that would effectively require a variance for every tower
application.
It is our opinion that the CTIA seeks to emulate the telephone industry's recent success in the cable
franchising area in convincing the FCC to exceed its authority by creating new, industry-favorable
regulations limiting local government authority under the guise of promoting competition. This is a
bold attack on the congressional compromises of 1996 that produced a careful balancing of local and
federal interests.
The 1996 Communications Act contained two amendments which affect local government authority
over the entry of telecommunications providers into local communities. Section 332(c)(7) addressed
antenna and tower siting for cellular and personal wireless services and Section 253 addressed state
and local "barriers to entry" into the rights-of--way for telecommunications service. Both sections
forbid local "prohibition" of new entry but both explicitly acknowledge the need for continuing
municipal regulation.
CTIA's petition asks the FCC to create new rules restricting local communities' authority over antenna
zoning matters. This ignores the Congressional Conference Report on the 1996 legislation and the
language of the statute itself -that local zoning boards, under the eyes of the courts, are to play the
lead role and that the FCC's responsibilities are minimal.
If the FCC grants the CTIA petition, the careful balance in federal law respecting local zoning
authority will be destroyed. It is incompatible with responsible zoning to impose a presumption of a
right to construct, regardless of the local community values embodied in local zoning.
Opposition to this erroneous and disruptive attack by CTIA is essential to the welfare of local
government zoning authority. The City of Dubuque respectfully seeks your support in opposing this
action.
Please call me at (563)589-4110 or a-mail me at ctymgr(a~cityofdubuque.org if you would like
additional information on our stance related to this issue. Thank you for your continued support.
Sincerely,
/~
Michael C. Van Milligen, City Manager
THE CITY OF Dubuque
~~~
DUB E i i
I''.
Masterpiece on the Mississippi tom
August 8, 2008
U.S. Senator Charles Grassley
135 Hart Senate Office Building
Washington, DC 20510-1501
Dear Senator Grassley,
City Manager's Office
City Hall
50 West 13"' Street
Dubuque, IA 52001-4864
www.cityofdubuque.org
The purpose of this letter is to alert you to the City of Dubuque's concern over a petition currently
before the Federal Communications Commission (FCC). Specifically, this letter addresses the Petition
for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely Siting
Review and to Preempt under Section 253 State and Local Ordinances that Classify All Wireless
Siting Proposals as Requiring a Variance
The CTIA, the trade association of the cellular telephone industry also known as "The Wireless
Association," is asking the FCC to declare new limitations on local zoning authority as it affects cell
tower siting. We are especially concerned over the timing of this action. As you know, many of the
traditional restraints on FCC action, such as Congress and various advocacy groups, are not able to
respond quickly this time of year.
Specifically, the CTIA is asking the FCC to:
• create a "shot clock" of 45 or 75 days for wireless antenna or tower zoning applications;
• rule that applications are automatically deemed granted if a local government misses the FCC's
deadline;
• prevent localities from considering the presence of service by other carriers in evaluating an
additional carrier's application for an antenna site; and
• preempt any local ordinance that would effectively require a variance for every tower
application.
It is our opinion that the CTIA seeks to emulate the telephone industry's recent success in the cable
franchising area in convincing the FCC to exceed its authority by creating new, industry-favorable
regulations limiting local government authority under the guise of promoting competition. This is a
bold attack on the congressional compromises of 1996 that produced a careful balancing of local and
federal interests.
The 1996 Communications Act contained two amendments which affect local government authority
over the entry of telecommunications providers into local communities. Section 332(c)(7) addressed
antenna and tower siting for cellular and personal wireless services and Section 253 addressed state
and local "barriers to entry" into the rights-of--way for telecommunications service. Both sections
forbid local "prohibition" of new entry but both explicitly acknowledge the need for continuing
municipal regulation.
CTIA's petition asks the FCC to create new rules restricting local communities' authority over antenna
zoning matters. This ignores the Congressional Conference Report on the 1996 legislation and the
language of the statute itself -that local zoning boards, under the eyes of the courts, are to play the
lead role and that the FCC's responsibilities are minimal.
If the FCC grants the CTIA petition, the careful balance in federal law respecting local zoning
authority will be destroyed. It is incompatible with responsible zoning to impose a presumption of a
right to construct, regardless of the local community values embodied in local zoning.
Opposition to this erroneous and disruptive attack by CTIA is essential to the welfare of local
government zoning authority. The City of Dubuque respectfully seeks your support in opposing this
action.
Please call me at (563)589-4110 or a-mail me at ct~gr(a,cityofdubuque.org if you would like
additional information on our stance related to this issue. Thank you for your continued support.
Sincerely,
/~~
Michael C. Van Milligen, City Manager
THE CTTY OF Dubuqu8
DUB E i i
'.,
Masterpiece on the Mississippi 2flo~
August 8, 2008
Congressman Bruce Braley
1408 Longworth HOB
Washington, D.C. 20515
Dear Congressman Braley,
City Manager's Office
City Hall
50 West 13~h Street
Dubuque,IA 52001-4864
www.cityofdubuque.org
The purpose of this letter is to alert you to the City of Dubuque's concern over a petition currently
before the Federal Communications Commission (FCC). Specifically, this letter addresses the Petition
for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely Siting
Review and to Preempt under Section 253 State and Local Ordinances that Classify All Wireless
Siting Proposals as Requiring a Variance
The CTIA, the trade association of the cellular telephone industry also known as "The Wireless
Association," is asking the FCC to declare new limitations on local zoning authority as it affects cell
tower siting. We are especially concerned over the timing of this action. As you know, many of the
traditional restraints on FCC action, such as Congress and various advocacy groups, are not able to
respond quickly this time of year.
Specifically, the CTIA is asking the FCC to:
• create a "shot clock" of 45 or 75 days for wireless antenna or tower zoning applications;
• rule that applications are automatically deemed granted if a local government misses the FCC's
deadline;
• prevent localities from considering the presence of service by other carriers in evaluating an
additional carrier's application for an antenna site; and
• preempt any local ordinance that would effectively require a variance for every tower
application.
It is our opinion that the CTIA seeks to emulate the telephone industry's recent success in the cable
franchising area in convincing the FCC to exceed its authority by creating new, industry-favorable
regulations limiting local government authority under the guise of promoting competition. This is a
bold attack on the congressional compromises of 1996 that produced a careful balancing of local and
federal interests.
The 1996 Communications Act contained two amendments which affect local government authority
over the entry of telecommunications providers into local communities. Section 332(c)(7) addressed
antenna and tower siting for cellular and personal wireless services and Section 253 addressed state
and local "barriers to entry" into the rights-of--way for telecommunications service. Both sections
forbid local "prohibition" of new entry but both explicitly acknowledge the need for continuing
municipal regulation.
CTIA's petition asks the FCC to create new rules restricting local communities' authority over antenna
zoning matters. This ignores the Congressional Conference Report on the 1996 legislation and the
language of the statute itself -that local zoning boards, under the eyes of the courts, are to play the
lead role and that the FCC's responsibilities are minimal.
If the FCC grants the CTIA petition, the careful balance in federal law respecting local zoning
authority will be destroyed. It is incompatible with responsible zoning to impose a presumption of a
right to construct, regardless of the local community values embodied in local zoning.
Opposition to this erroneous and disruptive attack by CTIA is essential to the welfare of local
government zoning authority. The City of Dubuque respectfully seeks your support in opposing this
action.
Please call me at (563)589-4110 or a-mail me at cty~,r(a,cityofdubuque•org if you would like
additional information on our stance related to this issue. Thank you for your continued support.
Sincerely,
/~~
Michael C. Van Milligen, City Manager