SECOND REGULAR SESSION

House Concurrent Resolution No. 22

92^ND GENERAL ASSEMBLY

4511L.01I

Be it enacted by the General Assembly of the state of Missouri, as follows:

                     Whereas, any structure, object, natural growth, or use of land which obstructs the air space required for the flight of an aircraft landing or taking off at any airport is an aviation hazard; and

            Whereas, aviation hazards endanger the lives and property of users of an airport and the occupants of land in its vicinity, and in effect reduce the size of the area available for landing, taking off, and maneuvering of aircraft, which tends to destroy or impair the utility of an airport; and

            Whereas, certain structures are hazardous to aircraft in flight because of their height or location, especially during periods of reduced visibility and darkness; and

            Whereas, with increased utilization of wireless services such as cellular phones and paging services, more telecommunications facilities and towers will be needed to meet the increasing demand for efficient and effective service; and

            Whereas, the number, height, and location of telecommunications towers are critical in determining the extent of the aviation hazard that is posed by these structures; and

            Whereas, to ensure the adequate provision of a telecommunications infrastructure within this state in a manner that will support and promote public safety and economic development as well as fulfill the need for enhanced service for Missouri citizens, a framework for evaluating telecommunications facilities within the state is needed to address the increased demand for telecommunications services while attempting to avoid undue disruption through the proliferation of towers; and

            Whereas, while recognizing the need to develop an effective and efficient telecommunications infrastructure, the State of Missouri must study the problems associated with telecommunications towers that are located in close proximity to an airport:

            Now, therefore, be it resolved that the members of the House of Representatives of the Ninety-second General Assembly, Second Regular Session, the Senate concurring therein, hereby request the Missouri Department of Transportation, in consultation with the Public Service Commission, to study and investigate the problems associated with telecommunications towers located in close proximity to an airport; and

             Be it further resolved that the goal of the Department's study and investigation shall be:

            (1) To determine the nature and extent of the hazard telecommunications towers pose to aviation; and

            (2) To assess the feasibility of relocation of existing telecommunications towers that the Department determines pose an aviation hazard; and

            (3) To identify those areas, if any, within the State of Missouri where telecommunications towers can safely be located in close proximity to an airport; and

            (4) To encourage the co-location of telecommunications facilities on existing structures and towers that do not pose an aviation hazard to minimize the proliferation of towers and monopoles; and

            (5) To recommend appropriate siting, design, and buffer criteria to minimize aviation hazards; and

            (6) To make any other recommendations regarding the aviation hazard associated with the location of telecommunications towers in close proximity to airports; and

            Be it further resolved that the Department of Transportation, in consultation with the Public Service Commission, submit any findings and recommendations of the study and investigation conducted pursuant to this resolution to the General Assembly by January 1, 2005; and

            Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the Director of the Missouri Department of Transportation and the Chair of the Public Service Commission.