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Re: [TowerTalk] New Proposed Texas Tower Regulation

To: L L bahr <pulsarxp@embarqmail.com>
Subject: Re: [TowerTalk] New Proposed Texas Tower Regulation
From: Kim Elmore <cw_de_n5op@sbcglobal.net>
Date: Sat, 7 Feb 2015 12:30:54 -0600
List-post: <towertalk@contesting.com">mailto:towertalk@contesting.com>
This comes directly from wind observing towers for wind farm siting. They are 
all under 300' tell and do not subject to FAA obstruction marking requirements. 
These are erected essentially overnight and several aerial applicators have run 
into them because they have no obstruction lighting or markings. 

The curtiledge languages essentially exempts almost all of us. 

Kim N5OP

"People that make music together cannot be enemies, at least as long as the 
music lasts." -- Paul Hindemith

> On Feb 7, 2015, at 11:55, "L L bahr " <pulsarxp@embarqmail.com> wrote:
> 
> FYI
> Lee, w0vt
> 
> 
> http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=84R&Bill=HB946
> 
> 
> 
> Please read and pass this to all Amateur Radio Operators who have towers. 
> This “COULD” be detrimental to all of us. There are things I am not certain 
> of that I would like answers to or to clarify so that we could write to our 
> legislature to either kill this bill or more narrowly define it so that it is 
> not “ALL INCLUSIVE” in nature. It is my understanding that the Crop Duster 
> Association is behind this because some pilot either through stupidity or an 
> accident killed himself by flying into an obstruction. (I have many times 
> pulled off the road and watched these guys. Several times I have witnessed 
> them doing stupid reckless maneuvers) While I am an advocate for safety and 
> common sense, I do not think everyone should “PAY” for the actions of a very 
> small few. If a bill like this must exist, it should define a specific 
> distance around the “WORK/FLY ZONE” and not every tower in the state. We 
> should write our representatives to kill or modify this bill.
> 
> 
> 
> SECTION 1.  Subchapter B, Chapter 21, Transportation Code
> 
> 
> 
> Section 21.071 (a) 1, 2, 3 clearly define “MOST” Amateur Radio towers.
> 
> 
> 
> Section 21.071 (b) 1, 2 “APPEAR” to exempt many Amateur Radio Towers BUT does 
> it? What is  the State’s legal definition of “curtilage”?
> 
> 
> 
> Section 21.071 (e) 2, “APPEARS” to exempt Amateur Radio Operators as “a 
> facility licensed by the Federal Communications Commission or any structure 
> with the primary purpose of supporting telecommunications equipment” but then 
> goes on to specifically define commercial radio service. The “and” seems to 
> separate the two?
> 
> 
> 
> Section 21.071 (f) 1, 2 “REQUIRES” notice and registration. You know FEES and 
> PERMITS will soon follow.
> 
> 
> 
> Section 21.071 (a), (b) appears to make it retroactive after September 1, 
> 2016.
> 
> 
> 
> 
> 
> Are there any lawyers among us who could speak to this and guide us in 
> writing a proper request to our representatives regarding this?
> 
> 
> 
> 
> 
> What are your thoughts?
> 
> 
> 
> 
> 
> 
> 
> Regards,
> 
> 
> 
> Larry Lowry
> 
> Radio System Manager
> 
> (936) 538-3770 Shop
> 
> (936) 538-3711 Direct
> 
> (936) 538-3775 Fax
> 
> imagesWD5CFJ
> 
> qrcode.17489151
> 
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> 
> 
> 
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