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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