Officials urge Bush to veto plan for tower

Charley Able, Rocky Mountain News

Tuesday, December 19, 2006

GOLDEN - Two Jefferson County commissioners want President Bush to veto an eleventh-hour bill that would allow television broadcasters to install digital transmitters on a new tower atop Lookout Mountain.

The bill, introduced by Sen. Wayne Allard, R-Colo., and co-sponsored by Sen. Ken Salazar, D-Colo., was approved about 2:30 a.m. Dec. 8 as Congress was heading home for the holidays.

Commissioners Jim Congrove and Dave Auburn wrote the president to say they believe passage of the bill was "a violation of (the) oath of office" taken by members of Congress to uphold the Constitution.

The two commissioners argue that the vote violates the 10th Amendment, which grants states the powers not vested in the federal government by the Constitution.

"That's what got me riled up: It was simply the feds usurping local rights," Auburn said. "When I heard they decided to do this, especially in the middle of the night, I thought this could be something that could have some real negative ramifications in the future."

The three-sentence letter encourages Bush to "veto this legislation and uphold your constitutional oath."

Passage of the bill, which requires only a Federal Communications Commission digital television license to construct a tower capable of handling digital television broadcast transmitters, could put an end to the decadelong effort to secure approval for the tower.

Lake Cedar Group, a consortium of Denver broadcasters, wants to build a 730-foot tower on the scenic mountain west of Golden. Denver is the nation's only major television market without the digital signals, which deliver a clearer, sharper picture known as high-definition television.

The broadcasters face a federally imposed 2009 deadline to switch to broadcasting digital signals.

But citizens groups in the area fear the tower's radio frequency emissions would pose a risk to their health and cause interference with consumer electronics inside their homes.

Congrove said he is appalled by the lack of public debate on the bill and wants to know what, or who, prompted Allard to introduce it.

"They just ramrodded it through both houses, slam-dunked it in both houses. And basically if you don't like it - tough," Congrove said.

Commissioner Kevin McCasky, also a firm proponent of local control in land-use matters, did not sign the letter to Bush.

"I would have signed the letter if it didn't say that we believe (Congress) violated their oath," McCasky said. "Sens. Allard and Salazar are men of good faith and character. I believe this issue transcends local land-use policy and authority."

Salazar backed the bill to "ensure that Colorado does not become a dark hole of digital broadcasting," his office said in a statement.

Allard was making a series of public appearances Monday and was not available for comment, his office said.