A nonprofit citizens group has requested that the FCC issue a declaratory ruling stating that under the current policy, local zoning rules would not be preempted by the commission "with respect to construction of new broadcast towers in certain rural areas and . . . height restrictions in other areas."

In a letter to the group's counsel, the FCC responded that, "It is true that, to date, the commission has not adopted any rules or regulations that preempt local zoning rules affecting construction of broadcast towers. Accordingly, it is ordered, pursuant to 1.2 of the commission Rules, 47 C.F.R. Section 1.2, that this Request for Declaratory Ruling is granted to the extent described herein."