Florida Antenna/Transmitting Restrictions

NB7241000-LondonSMDR230524 n2ic at bighorn.dr.att.com
Tue Mar 16 07:33:49 EST 1993


There are two issues in this Florida case - both of which need to be
escalated to Federal District Court.

1) The transmitting issue - this one is clear cut.  Only the FCC has the power
to regulate "transmissions".  This one has already gone to the Supreme
Court (Capitol Cities Broadcasting vs. ????).  The Peoples Republic of
Boulder tried to claim some power in this area, and even they had to back
down.

2) The antenna issue - despite the "value" of PRB-1, this one is more
nebulous.  The municipality must "reasonably accommodate" the ham.  Read
the PRB-1 text, and you'll see all kinds of wishy-washy language.  If the
10th district Federal Appeals court ever gets around to deciding on NQ0I's
case, maybe it will be clearer.

These Florida hams need a "real" lawyer.  Someone who has some experience
with Federal court cases.

Yes, indeed, the ARRL has a policy of not reporting bad news.  Notice their
silence on the cq-contest reflector !  Yoo-hoo.....anyone out there in
Newington ?  Chris Imlay, where are you ?

Steve, N2IC/0



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