Patrick Leahy: “as in years past, I am offering today two pieces of legislation that would close a loophole in the 1996…”

“as in years past, I am offering today two pieces of legislation that would close a loophole in the 1996 Telecommunications Act, and as in years past I am pleased that I am joined by Senators Jeffords and Dodd. The catalog of complaints about the 1996 act continues to grow, and as it becomes more apparent that this flawed statute is in need of repair, I grow ever more proud that I was one of five Senators to have voted against that law. In the coming Congress, we will be revisiting the 1996 Act. While we should rightly examine the various provisions related to telephone competition, broadband, and subscriber television rates, there are other important issues that we need to address. The 1996 Telecommunications Act contained a provision that allowed the Federal Communications Commission to preempt the decisions of local authorities as to the placement of cell phone towers. In 1997, the Federal Communications Commission seized on the legislative loophole, proposing an expansive new rule that prevented State and local zoning laws from regulating the placement of cellular and broadcast towers based on environmental considerations, aviation safety, or other locally determined matters. Local and State governments were no longer empowered to shape the appearance of their communities. I fought this proposed rule and was joined by many Vermonters, including former-Governor Dean, the Vermont Environmental Board, mayors, zoning officials, and numerous others.”