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contesters' PRB-1

Subject: contesters' PRB-1
From: draperbl@mdlchtm.eece.unm.edu (Bruce L. Draper)
Date: Tue Jul 6 09:57:46 1993
N2IC recently sent me a copy of the decision of the Federal 
Appeals Court to deny NQ0I's "right" to erect a moderate-height 
tower on his property in Boulder County.  It's pretty scary stuff.  

Buried in the document is the statement " . . . a highly qualified 
ham radio operator, seeks to conduct amateur radio research, 
provide emergency communication, and engage in 
intercontinental communication in order to foster international 
good will.   Radio experts agreed that limiting Evans to a 35 foot 
antenna tower would significantly impair ability to accomplish 
his legitimate purposes."  Despite the experts' testimony, the 
court decided that the neighbors' views of the mountains were 
more important.  Maybe the court just didn't buy the arguments 
about emergency communications and international good will.  
Guess they don't sit well with me, either.  This is the usual 
stuff I've read in QST and heard from local hams who have tried 
to deal with the zoning board.  I doubt that the argument is 
convincing to anyone -- expert or not.  

Do any of you know if anyone has tried the following tact:  
wouldn't it be more believable if a contester would show up 
in court (or the zoning board hearing) with a handful of 
plaques and certificates showing some degree of competitive 
success, and then proceed to argue the point that his 
"legitimate purposes" in life (competing on an international 
scale) require a couple of big towers?  I think that members 
of the general public recognize the fact that most forms of 
competition require the proper equipment.  Sounds good to 
me, but I'm well known for my naivete (sometimes I even 
believe the guys who're 20dB over S9 and say they're 
running QRP!).  Doesn't PRB-1 say that "local regulations ... 
must be crafted to reasonably accommodate the desired amateur 
communications"?  It actually goes on to say "Some amateur 
antenna configurations require more substantial installations 
than others if they are to provide the amateur operator with 
the communications that he/she desires to engage in."     
This might be one aspect where contesters have a legitimate edge.

Anybody know of a case like this?  How about you lawyers out 
there -- do any of you think this approach has a chance?  
Of course, it seems that it might be geared toward someone 
who is already an "established" contester and is moving his/her 
home to a new area, but it just might be OK for general consumption. 

Bruce  AA5B

draperbl@mdlchtm.eece.unm.edu


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