Preemption of State and Local Zoning and Land Use Restrictions on the Siting, Placement and Construction of Broadcast Transmission Facilities

Résumé

The Commission issues this Notice of Proposed Rule Making to consider whether and in what circumstances to preempt certain state and local zoning and land use ordinances which present an obstacle to the rapid implementation of digital television (``DTV'') service. Having found that the accelerated roll-out is essential to the success of over-the-air DTV, the Commission set out an accelerated construction schedule for DTV facilities. To the extent that state and local restrictions stand as an obstacle to the achievement of its purposes the Commission has the authority to preempt state or local law. In this Notice of Proposed Rule Making, the Commission seeks comment on whether and in what circumstances it should preempt state or local action or inaction that interferes with the rapid roll-out of DTV.