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[TowerTalk] [ham-law] Update on height restriction in PA - again

To: towertalk@contesting.com
Subject: [TowerTalk] [ham-law] Update on height restriction in PA - again
From: K7LXC@aol.com
Date: Fri, 19 Mar 2004 09:47:02 EST
List-post: <mailto:towertalk@contesting.com>
    I guess this didn't forward previously.

Cheers,
Steve     K7LXC


>>  A few months ago I went to my local township to challenge their zoning 
restriction setting a 30' tower height without a 'special exception' permit.  
The special exception did not recognize PRB-1 and did not make 'reasonable 
accommodation for amateur radio.  



Relying heavily on the Federal Court decision last August when ham radio 
operator Orin Snook courageously challenged (at great expense) a similar law in 
his township, I summarized 7 court cases requiring townships to incorporate 
PRB-1 into their zoning laws, and presented this info to the township.  
Yesterday 
the township solicitor told me that they've reviewed the info and found that a 
'limited pre-emption of the zoning rules' is in order.  Further, they want to 
work with me administratively to resolve the issue.  In April they'll make a 
final determination about my 50' tower, but right now it's looking pretty good.



Right now it looks like another victory for ham radio, PRB-1, and the 
consistent struggle by hams like Orin to maintain our rights.  

Thanks to all hams who've fought this battle before me.  And, thanks to the 
FCC for issuing PRB-1 which places ham radio in a special category above and 
apart from other zoning issues.  I'll keep everyone posted


Bob/WF3H

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