From:
Fred Hopengarten K1VR 781/259-0088
Six Willarch Road
Lincoln, MA 01773-5105
permanent e-mail address: fhopengarten@mba1972.hbs.edu
SEE ANSWER BELOW.
On Mon, 06 Apr 1998 08:06:18 Pete Smith <n4zr@contesting.com> writes:
>At 11:31 AM 4/4/98 EST, you wrote:
>>From:
>>Fred Hopengarten K1VR 781/259-0088
>>
>>K1VR: I always prefer to deal with this in the definitions section.
>>However, there are two approaches: You can define commercial
>wireless IN, or amateur radio OUT. Example: "Essential Public Utility =
as
>defined by Section xxx of the TCA of 1996" (definition there is plainly
commercial >only).
>Hi Fred -- I'm being dense -- I can't find such a definition in the
>TCA. There are references to the Public Utilities Holding Act and a
>definition of Exempt Telecommunications Company thereunder, but that's
all I
>could find.
>
>73, Pete Smith N4ZR
>n4zr@contesting.com
K1VR: Yes, Pete, you are dense. ;-)
47 U.S.C. 332 (c) [Section 704 (a) (7)(C) (i) to be specific]
"the term "personal wireless services" means commercial mobile services,
unlicensed wireless services, and common carrier wireless exchange access
services;"
So just make sure that the local phrase "essential public utility" is
defined to mean "personal wireless service" as defined in Section 704
(a)(7)(C(i) of the TCA of 1996. And tell the local zoning guy that he
doesn't relly want to use a phrase that no one understands, so he should
use the phrase from the Federal Act. Hams are clearly defined OUT of
"personal wireless services." Good luck tonight. -- Fred
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