ROM:
Bernie Fuller N3EFN - Atlantic Division Director
and
Frank Fallon N2FF - Hudson Division Director
Last Ditch Effort Needed on Tower Bill - June 28, 2002
We thought it would all be over by now. It is not. Although the Senate
passed S 2893 over a week ago in a 49 to 19 vote, the Assembly still has
not acted on the bill. We have been attempting behind the scenes to
overcome the opposition to the bill from the local government lobby -
the Association of Town and the New York Council of Mayors and Municipal
Officials - who see this bill as an erosion of their ability to control
our antennas. They erroneously claim it is a home rule issue. They
claim that they continue to need to "balance the issues" in Amateur
antenna applications. They refuse to recognize that the FCC took it up
itself to do the balancing almost seventeen years ago when it issued
PRB-1. NYCOM is either lying or badly distorting the facts here. Since
they were not successful in stopping the bill in the Senate they
appear
to have pulled out all the stops in lobbying the Assembly. We need to
counteract them with letters, faxes, e-mails and phone calls. We are
not happy to have to ask you to once again help but there seems to be no
other way.
After discussion with our sponsor, and upon his advice, we are appealing
to you to help get this bill passed this year. There will be no better
opportunity than 2002 to get it done. Please personalize the two
letters attached and send copies to Speaker Silver, our co sponsors and
your own assembly representative as soon as possible. If you know any
of the members of the Rules Committee you might want to write them also.
That information is available at http://www.assembly.state.ny.us
Currently the assembly is not in session but we expect them to return
either Tuesday, July 2, or the following week - July 9th for a day or
two of sessions. Speaker Silver will determine when they return and for
how long. We need to act immediately.
Write Assemblyman Sheldon Silver, LOB 932, Albany, NY 12248. Telephone
518-455-3791 and fax 518-455-5459. Email speaker@assembly.state.ny.us
Get your relatives, friends and neighbors to do the same. Tell your
legislators about our long proud history of public service.
Write-Phone-FAX-E-mail. Check http://www.hudson.arrl.org
Here is a sample letter to send to speaker Silver. Please personalize it
and send it.
June 27, 2002
Speaker Sheldon Silver
New York State Assembly
932 LOB
Albany, NY 12248 Re: A. 1565 Tocci
Dear Speaker Silver,
The Senate understood our Amateur Radio antenna bill was non
controversial and did not limit local government when they passed their
version (S.2893) by a vote of 49 to 19 over a week ago. They clearly
understood this is not a home rule issue for since 1985 federal law has
taken away local government power to balance and directed local
government to accommodate our antennas with the least regulation
possible. They were not swayed by and saw through the lobbying effort
of the Association of Towns and NYCOM. The Senate realized that our
self limiting legislation was the way to insure a continued pool of
unpaid self trained communications volunteers in a time of need such
as
9/11. Over 800 ham operators worked for more than two weeks without pay
during the 9/11 response. As the governor has repeatedly told us that
he will sign the legislation, we need you to allow the Assembly to do
the right thing and vote the bill. Please assign it a calendar number
and send it to the floor of the Assembly before the current session
ends.
We need this law ONLY because local governments refuse to accept the
federal law that gives hams the right to erect these support structures.
Local government erroneously believes that this is a "home rule" issue;
they feel they still have the right to engage in the " balancing of
interests." Federal law has unquestionably preempted local
law with respect to the balancing. Most local governments "just don't
get it." That's why we need this law. Hams don't need to spend lots of
money on legal fees to achieve their goals; they need this law.
Please
remember that hams provide their services FREE OF CHARGE. Local, state
and federal government and the citizens of our beloved country are the
benefactors of their work when disaster strikes.
Please ignore the selfish criticism from NYCOMM and the Association of
Towns or any other "home rule" people; they are simply spouting a knee
jerk reaction to what they feel is loss of local control. But they have
already lost local control because the Federal government preempted
them
with the issuance of PRB-1. This is simply "sour grapes."
Hams are very angry that the selfish local government lobby simply
ignores all the good we have done over so many years and lies about
power being taken from them.
Sincerely,
Your name (Amateur Call) ..........
The co-sponsors of A 1565 are: (Please note only two of them use
e-mail - Fax machines may be off at night)
Assemblyman Paul Tonko, 713 LOB, Albany, NY 12248, telephone
518-455-5197, fax 518-455-5435, email tonkop@asembly.state.ny.us
Assemblyman Steve Levy, 827 LOB, Albany, NY 12248, telephone
518-455-5937, fax 518-455-4784, email - none
Assemblyman Robin Schimminger, 847 LOB, Albany, NY 12248, telephone
518-455-4767, fax 518-455-4724, email schimmr@assembly.state.ny.us
Assemblyman Richard Smith, 619 LOB, Albany, NY 12248, telephone
518-455-4462, fax 518-455-5560, email -none
Assemblyman Harvey Weisenberg, 731 LOB, Albany, NY 12248, telephone
518-455-3028, fax 518-455-5769, email - none
To our cosponsors and your own representative to the Assembly send the
following letter:
June 24, 2002
Assemblyman Paul Tonko
New York State Assembly
713 LOB
Albany, NY 12248 Re: A. 1565
Dear Assemblyman Tonko,
I have been watching the assembly video site checking progress of our
Amateur Radio Antenna bill that Ron Tocci is sponsoring and which you
have co-sponsored. Many New York hams are following the video when the
session is taking place hoping to see A.1565 voted.
Please help us by helping Ron get this bill to the assembly floor for a
vote before the session ends. The bill was passed in the Senate - S
2893 a week ago. I am amazed that the Assembly has not yet acted.
We need this law ONLY because local governments refuse to accept the
federal law that gives hams the right to erect these support structures.
Local government erroneously believes that this is a "home rule" issue;
they feel they still have the right to engage in the " balancing of
interests." Federal law has unquestionably preempted local law with
respect to the balancing. Most local governments "just don't get it."
That's why we need this law. Hams don't need to spend lots of money on
legal fees to achieve their goals; they need this law. Remember, hams
provide their services FREE OF CHARGE. Local, state and federal
government and the citizens of our beloved country are the benefactors
of their work when disaster strikes.
Please ignore any criticism from NYCOMM and the Association of Towns and
any other "home rule" people; they are simply spouting a knee jerk
reaction to what they feel is loss of local control. But they have
already lost local control because the Federal government preempted them
with the issuance of PRB-1. This is simply "sour grapes."
Many hams are very angry that the local government lobby simply ignores
all the good we have done over so many years. We can't believe how soon
they forget our volunteer efforts after the 9/11 attack.
Many thanks for cosponsoring the bill and getting it this far. We hope
that you and Ron will be able to give it that last important push this
week.
Sincerely,
Your name (call sign)
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ARRL Eastern New York Section
Section Manager: Peter A. Cecere, N2YJZ
n2yjz@arrl.org
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