Subject: Colorado Resolution Against FCC Preemption (Carney)..
Date: Fri, 28 Apr 2000 214948 -0500 (CDT)
From: "Roy L. Beavers"
To: emfguru
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Hi everybody:
=2E......The folks at LOOKOUT MOUNTAIN are simply doing a TREMENDOUS
job of fighting for their rights, their lives, and their property....
The following document **has to be** one of the land-mark
achievements in this EMF saga ... so far......
I will also be adding it to the website.... In the "Law/Legal" file....
Cheerio.....
Roy Beavers (EMFguru)
roy@emfguru.com
=2E....It is better to light a single candle than to curse the darkness....=
=2E
NEW!!! Website... http://emfguru.com
=2E..................People are more important than profits................=
=2E
Missed opportunity...
$$$$$ We could have changed the corrupted system!! $$$$$
McCain !!
DO YOU KNOW OF OTHERS WHO SHOULD BE ON THIS LIST???
---------- Forwarded message ----------
Date: Fri, 28 Apr 2000 20:26:23 -0600
From: Deb Carney
Subject: Here is the actual Colorado Resolution Against FCC Preemption
This is Senate Joint Resolution 00-031 adopted on April 27, 2000.
There are many to thank for making this possible including every
Representative and Senator who voted for this resolution and those who
worked diligently behind the scene. We especially wish to thank our
Representative John Witwer,M.D. and our Senator Byran Sullivant.
I watched them working very hard at our State Legislature to make sure
that this resolution passed. Thank you for standing up for our
Constitutional rights.
Deb Carney
C.A.R.E. www.c-a-r-e.org
SENATE
Final Reading
April 27, 2000
Second Regular Session
Sixty-second General Assembly
LLS NO. R00-1142.01 Kate Rooney
STATE OF COLORADO
BY SENATORS Sullivant, Congrove, Evans, and Teck;
also REPRESENTATIVE Witwer.
SENATE JOINT RESOLUTION 00-031
CONCERNING URGING THE FEDERAL COMMUNICATIONS COMMISSION TO
REJECT LAKE CEDAR GROUP=92S PETITION TO PREEMPT LOCAL
GOVERNMENT LAND USE DECISION-MAKING AUTHORITY.
WHEREAS, According to its comprehensive plan and its duly
adopted zoning regulations, the Board of County Commissioners of
Jeffers on County, Colorado denied an application by Lake Cedar
Group, LLC, to rezone land on Lookout Mountain from residential and
agricultural zoning to planned development zoning in order to allow
construction of an 854-foot telecommunications supertower and a
26,000 square foot support building; and
WHEREAS, Such decision was a quasi-adjudicative decision
based on factual evidence presented to the Jefferson County Board
of County Commissioners and application of applicable legal
standards and as such can be appealed judicially to Jefferson County
District Court, which court is fully empowered to grant full and
appropriate relief to the appellant if appropriate under the facts
of the case; and
WHEREAS, Lake Cedar Group filed an appeal of Jefferson County's=20
decision in Jefferson County District Court, which appeal is
now pending the filing of briefs by the parties; and
WHEREAS, Despite the pending judicial appeal, and after
Jefferson County spent several months preparing the voluminous
record of proceedings for the Jefferson County District Court action,
Lake Cedar Group, without notifying the Jefferson County Board of
County Commissioners or any other interested party, filed a petition
with the Federal Communications Commission (FCC) requesting the FCC to
"preempt" Jefferson County=92s decision and to declare Jefferson
County's decision "prohibited and unenforceable"; and
WHEREAS, By Public Notice dated April 10, 2000, the FCC
seeks public comment on Lake Cedar Group=92s petition; and
WHEREAS, In the United States, control over individual land use
page -2-
decisions is firmly vested in local governments, through
statutory delegation from state governments; and
WHEREAS, The FCC is barred by the 10 th Amendment to the
United States Constitution from attempting to preempt decisions
made by local governments on individual land use applications
because the United States Congress has not directed or authorized
the FCC to preempt such local decisions; and
WHEREAS, The FCC lacks not only the authority, but also the
expertise and any adopted standards to second-guess and invalidate
local government land use decisions; and
WHEREAS, Any attempt by the FCC to preempt local government
land use decision-making in this manner would represent an illegal,
unauthorized, and unjustified attack on state- and local-
government land use authority; now, therefore,
Be It Resolved by the Senate of the Sixty-second General Assembly
of the State of Colorado, the House of Representatives concurring
herein:
That the General Assembly of the State of Colorado hereby
encourages the FCC not to preempt local government land use
decision-making and state judicial processes, thus overriding local
and state government authority.
Be It Further Resolved, That copies of this Joint Resolution be
sent to the President of the United States Senate; the Speaker of the
United States House of Representatives; each member of Colorado's
Congressional delegation; each member of the House of Representatives
Subcommittee on Telecommunications, Trade and Consumer Protection
of the Committee on Commerce; the Governor of Colorado; and the
Commissioners of the Federal Communications Commission.
-------------------------
If you click on the box entitled "bill" you will be able to read the
exact text of the Colorado House and Senates Resolution to the FCC
urging them not to Preempt Jefferson County's zoning decision.
http://www.leg.state.co.us/inetcbill.nsf/billcontainers/
FAEC74851F8C543D872568CB0074EEEB?OpenDocument
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Archive provided courtesy of WaveGuide, http://www.wave-guide.org
Reprinted with permission of Roy Beavers, http://www.emfguru.com