S.1538 - A bill to amend the Communications Act of 1934 to clarify State and local authority to regulate the placement, construction, and modification of broadcast transmission and telecommunications facilities, and for other purposes.106th Congress (1999-2000)
|Sponsor:||Sen. Leahy, Patrick J. [D-VT] (Introduced 08/05/1999)|
|Committees:||Senate - Commerce, Science, and Transportation|
|Latest Action:||Senate - 08/05/1999 Read twice and referred to the Committee on Commerce. (All Actions)|
This bill has the status Introduced
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Summary: S.1538 — 106th Congress (1999-2000)All Information (Except Text)
Introduced in Senate (08/05/1999)
Amends the Communications Act of 1934 (the Act) to repeal a provision which prohibits a State or local government from regulating the placement, construction, and modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with Federal Communications Commission (FCC) regulations concerning such emissions. Requires, in an action in which a person is seeking to place, construct, or modify a telecommunications facility, that such person bear the burden of proof as to the necessity of such placement, construction, or modification. Prohibits the FCC from adopting as a final rule a specified proposed rule which preempts State and local authority over the placement of broadcast transmission facilities.
States that no provision of the Act may be interpreted to: (1) authorize any person or entity to place, construct, or modify telecommunications facilities in a manner inconsistent with State or local law if alternative technology is capable of delivering the broadcast or telecommunications signals without the use of a tower; or (2) prohibit a State or local government from requiring the production of safety and interference studies with respect to such facilities.
Requires the Secretary of Health and Human Services to carry out an independent assessment of the effects of radio frequency emission on human health. Authorizes appropriations.