PUBLIC NOTICE                                          Released:  March 6, 1998


COMMENTS INVITED ON ENVIRONMENTAL IMPACT OF POSSIB   LE 
PREEMPTION OF LOCAL LAND USE AND ZONING LAWS REGARDING 
THE SITING AND CONSTRUCTION OF DIGITAL TELEVISION TOWERS 

     The Commission has received a petition from the National Audubon Society
("Audubon") requesting the preparation of an Environmental Impact Statement pursuant to
the National Environmental Policy Act ("NEPA"), 42 U.S.C.  4332, in connection with the
Commission's Notice of Proposed Rule Making In the Matter of Preemption of State and
Local Zoning and Land Use Restrictions on the Siting, Placement and Construction of
Broadcast Station Transmission Facilities (FCC No. 97-296, MM Docket No. 97-182)
("NPRM").   Pursuant to 47 CFR  1.1307(c), Audubon is entitled to file such petition, and
the Mass Media Bureau is required to "review the petition and consider the environmental
concerns that have been raised."  This Public Notice addresses only the environmental issues
raised by Audubon's petition, and represents just one part of the Commission's ongoing
proceeding in MM Docket No. 97-182. 

     The NPRM requested comment on whether and in what circumstances the
Commission should preempt certain state and local actions on zoning and land use ordinances
which present an obstacle to the rapid implementation of digital television service.  The
Commission released the NPRM on August 19, 1997, comments were due October 30, 1997,
and reply comments were due December 1, 1997.  

     Audubon filed its petition on December 1, 1997, requesting that the Commission
prepare an Environmental Impact Statement ("EIS") and solicit public comment on that EIS.  
Audubon alleges that the rule proposed by the NPRM constitutes a major federal action
affecting the environment, and therefore requiring the preparation of an EIS pursuant to
NEPA.  In addition, Audubon alleges that the Commission's regulations require an
environmental analysis of any action that may affect a listed species or may lead to
construction in wetlands.   47 CFR  1.1307(c).

     By this Public Notice, we seek comment as to first, whether the proposal contained in
the NPRM would have a significant environmental effect such that an EIS should be
prepared; and second, what would be the environmental effect of the proposal. 

     The initiation of this proceeding is not intended to affect in any way the expeditious
processing of digital television construction permit applications.  This proceeding also will
not affect the current requirement that licensees represent that their applications meet the
requirements of NEPA.  The Mass Media Bureau takes very seriously the responsibilities
conferred by NEPA to evaluate the effects of its actions on the quality of the environment.
The Bureau continues to review applicants' representations of compliance with Section
1.1307 and with NEPA. 

     Comments on this Public Notice must be filed on or before April 14, 1998, and reply
comments must be filed by April 29, 1998.  To file formally in this proceeding, participants
must file an original and four copies of all comments, reply comments, and supporting
comments.  All comments should reference FCC Docket No. 97-296 and MM Docket No.
97-182 and should be addressed to: Office of the Secretary, Federal Communications
Commission, Washington, DC 20554.  The full text of the Audubon petition and other
submissions are available for viewing and copying in the Public Reference Room, Room 239,
1919 M Street, N.W., Washington, D.C. 20554.  Copies may also be purchased from the
Commission's copy contractor, International Transcription Service (202-857-3800). 

By the Chief, Mass Media Bureau

  -FCC-