PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12TH STREET, SW WASHINGTON, D.C. 20554 DA 00-764 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: April 10, 2000 PETITION FOR EXPEDITED SPECIAL RELIEF AND DECLARATORY RULING Lake Cedar Group LLC has filed a petition for expedited special relief and declaratory ruling, requesting that the Commission issue an Order preempting a resolution by the Board of County Commissioners of Jefferson County, Colorado, which denied their application to rezone certain land owned by members of the group to permit construction of a multi-user antenna tower to accommodate the new digital television antennas required of the group's members. (Resolution No. CC99-427, issued on August 3, 1999.) Initial comments in opposition have been filed by the County of Jefferson, Colorado and by the Canyon Area Residents for the Environment. Comments in support have been filed by the National Association of Broadcasters. The Lake Cedar Group has also filed a site study entitled "Denver DTV Site Investigations" (December 1999). The full text of these documents is available for inspection and copying during normal business hours in the FCC Reference Center (Room 239), 445 12th Street, S.W., Washington, D.C., 20554, and also may by purchased from the Commission's copy contractor, International Transcription Service, Inc. (ITS), 1231 20th Street, N.W., Washington, D.C., 20036, (202)857-3800. For additional information, contact Bruce Romano at (202) 418-2120. ------------------------------------------------------------------------------------------------------------------------- NATURE OF PETITION: Lake Cedar Group seeks to construct, at a current antenna farm, a new tower and transmitter building that would carry the digital antennas for five television stations and new antennas for several FM stations already operating from other towers at the site, and would ultimately replace four existing adjacent towers and associated transmitter buildings. The County has denied Lake Cedar Group's zoning application, and Lake Cedar Group has appealed the County Commissioners' decision to the local court. Petitioner contends that the County's adverse action is preempted by the Supremacy Clause because it unreasonably frustrates important federal policies and because it places Lake Cedar Group's member television licensees in a position in which compliance with both state and federal regulations is impossible. FILED BY: Edward W. Hummers, Jr., J. Steven Rich Holland & Knight LLP Suite 400 2100 Pennsylvania Ave., NW Washington, DC 20037-3202 and others Interested parties may file with the Office of the Secretary statements opposing or supporting the Petition listed herein by May 10, 2000, and may file a reply to any such supporting or opposing statements by May 25, 2000. See Section 1.4 and 1.405 of the Commission's Rules for further information. An Acrobat version of the full text of the Petition and of the other documents and pleadings can be downloaded from: http://www.fcc.gov/Bureaus/Mass_Media/Filings/. ------------------------------------------------------------------------------------------------------------------------- - FCC -