ANTENNA TOWER - SPECIAL REPORT
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 CAREs 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 LCGs 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 Countys 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
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 Mountains 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.
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.