© 2004 Updated: 9/23/04


Lake Cedar Group Puts FCC Preemption of JeffCo Denial On Hold

A letter dated April 25, 2001 to the FCC from attorneys representing members of Lake Cedar Group, LLC (TV stations 4, 6, 7, 9, & 20) opposes CARE’s request to dismiss the petition to preempt JeffCo. LCG asks the FCC to “withhold action pending a final decision by Jefferson County on the re-filed zoning application… if the County approves LCG’s new rezoning application, action on the preemption petition will obviously be unnecessary. If the County denies the new application, however, the Commission will be required to consider preemption of Zoning Decision II…

    “… The necessity for Commission preemption will depend upon the action Jefferson County takes… relevant to the determination of the FCC, ‘acting with the scope of its congressionally delegated authority’ as to whether Jefferson County’s actions conflict with the federal initiative to rapidly deploy digital television throughout the United States, the desire to swiftly recover spectrum for subsequent sale by the federal government, and the environmental and safety objectives of locating antenna towers in existing antenna farms…”

Over 50 towers and 1000 devices exist in Mount Vernon Canyon. The towers are lower in elevation than 1000 homes and send signals directly at families, schools and historic sites.

The 1996 Telecommunication Act was written by the broadcast, wireless and electronics industries, which lobbied heavily for adoption. There are alternative antenna-tower sites at higher elevations than Lookout Mountain’s east summit at 7200 feet. Lookout was platted for a “City on the Hill” resort in 1890, replatted for summer cabins by 1920, and zoned residential in 1956 when four towers existed on small lots. In 1948, before towers arrived, 254 homes and five National Register of Historic Places existed on Lookout Mountain.

The same view in the fog of morning.

Approved alternative sites that cover the Denver metro area without threatening the health and safety of people are available. Zoning violations by some owners of an accumulated 1000 transmission devices on Lookout Mountain continue.

• Many documents and details are available at www.c-a-r-e.org.