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FCC Update

Subject: FCC Update
From: sawyers" <sawyers@cacd.rockwell.com (sawyers)
I received the following from our Director and thought it was of interest 
to the Contest community, in light of current and previous discussions.

de n0yvy steve


______________________________ Forward Header __________________________________
Subject: FCC Update
Author:  Todd LeMense <tlemense@ops.esu19.k12.ne.us> at ccmgw1


---------------------------------------------

To all e-mail subscribers of the Midwest Newsletter:

I believe that the following is of such significant importance 
that am forwarding it to e-mail subscribers immediately.  
Please share it with others.

73/Lew, K4VX

----------------------------------------------------------------- 
On February 7, 1996, the ARRL petitioned the FCC to review and 
modify its policies and procedures governing preemption of state 
and local regulation of the siting and maintenance of antennas and 
antenna support structures for use by licensees in the Amateur 
Radio Service.

In addition it requested further the Commission to issue a notice 
of proposed rule making (NPRM) looking toward the amendment of 
Section 97.15e of the commissions Rules [47 C.F.R 97.15 (e)] to 
clarify the Commission's preemptive intent with respect to state 
and local regulation of amateur radio antennas.

Specifically, the League has requested the following:

(1) Specify that it has no less interest in the effective 
performance of an amateur radio station simply because it is 
located in an area regulated by deed restrictions, covenants, 
CC&Rs, or condominium regulations, rather than by zoning 
ordinances.

(2) Clarify that the role of local governments and municipalities 
in applying the FCC's preemption policies regarding amateur radio 
antennas is to make reasonable accommodation for radio amateurs, 
rather than to "balance" their own local interests against the 
Federal interest in effective public service amateur 
communications.

(3) Delineate an antenna height, on the order of 60 to 70 feet, 
as the minimum that could be construed as a "reasonable 
accommodation" for amateur communications.

(4) Clarify that the imposition on radio amateurs of excessive 
costs for local approvals, or the imposition of overly burdensome conditions 
in land use authorizations, where the cost of 
compliance approaches the cost of the antenna installation, are 
preempted.

(5) Clarify that the denial of a particular use permit or special 
exception does not relieve a municipality of the basic obligation 
to make reasonable accommodation for amateur communications.

(6) Determine that conditional use permit procedures are valid 
means of regulation of amateur antenna support structures, but 
only as an adjunct to a basic, minimum permitted height which is 
reasonable.

(7) Specify that safety-related land use restrictions which have 
the effect of significantly limiting overall height of antennas, 
or which determine by lot size whether a functional amateur 
antenna can be installed at all, are invalid unless there is no 
less burdensome alternative which would accomplish the same 
purpose.

                      Lew Gordon, K4VX
                        P.O. Box 105
                  Hannibal, MO 63401-0105
                       (314)221-7730
                      k4vx@nemonet.com
            >> Most faults are not in our 
                  Constitution, but in ourselves. <<




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Subject: FCC Update
To: Lew Gordon <k4vx@mcimail.com>
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