From WD4RCO@CYOU.COM Sat Jul 1 17:36:43 2000
From: WD4RCO@CYOU.COM (Dave)
Date: Sat, 01 Jul 2000 09:36:43 -0700
Subject: [SEDXC] The ARRL Letter, Vol 19, No 25
Message-ID: <4.2.0.58.20000701093420.0094f4a0@MAIL.CYOU.COM>
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>FLORIDA TOWER RULING DISAPPOINTS LEAGUE
>
>The ARRL is expressing disappointment at a recent US Appeals Court ruling in
>a four-year-old Florida Amateur Radio tower case. The US Court of Appeals
>for the Eleventh Circuit on May 31 affirmed a lower-court ruling against
>Lenard Persin, WB4HZQ, in his efforts to erect an 80-foot repeater and HF
>remote base tower in his side yard in Seminole County.
>
>"We are disappointed with the Court's ruling, which runs contrary to the
>clear and unambiguous meaning of the FCC's PRB-1 preemption decision," said
>ARRL Executive Vice President David Sumner, K1ZZ. The Eleventh Circuit
>ruling was doubly troubling because the ARRL had agreed to fund Persin's
>appeal in the case.
>
>In a six-page, unpublished decision, the Eleventh Circuit decided that the
>US District Court had not erred by applying "a balancing test rather than
>the reasonable accommodation test required by PRB-1."
>
>Sumner said that by letting stand the US District Court's reliance on the
>"balancing of interests" approach, the Appeals Court took a regulatory
>direction that the FCC has expressly labeled "not appropriate." He called it
>"incomprehensible" that the Eleventh Circuit Court of Appeals could have
>failed to follow the lead of the Eighth Circuit, which reaffirmed the
>"reasonable accommodation" and "minimum necessary regulation" principles of
>PRB-1 in a landmark 1994 case.
>
>Seminole County's ordinance restricts Amateur Radio towers to 35 feet
>without a special exception. The lower court agreed with Seminole County
>that Persin's request for a taller structure would be detrimental to the
>character and not consistent with the development trends of his
>neighborhood. Persin said one neighbor in particular fought his application
>on that basis. In District Court, Persin had presented--to no avail--expert
>testimony that a 35-foot tower would be ineffective and that the taller
>tower he requested would not change the character of the neighborhood nor
>affect property values.
>
>Persin says he believes the decision dealt "a fatal blow" to PRB-1 and that
>other jurisdictions will copy Seminole County's approach to dealing with
>Amateur Radio towers "since they now know it will hold up in court." The
>county's ordinance, Persin says, "was particularly designed to thwart
>PRB-1." He called for protection stronger than that offered by PRB-1.
>
>Sumner and ARRL General Counsel Chris Imlay, W3KD, note, however, that,
>because the Eleventh Circuit opinion was not published, it will not serve as
>a precedent in future cases. Sumner says that, under PRB-1, municipalities
>continue to have "an absolute obligation" to reasonably accommodate Amateur
>Radio communication and to impose "the minimum practicable regulation to
>accomplish its legitimate purpose."
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FYI
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FLORIDA TOWER RULING DISAPPOINTS LEAGUE
The ARRL is expressing disappointment at a recent US Appeals Court ruling in
a four-year-old Florida Amateur Radio tower case. The US Court of Appeals
for the Eleventh Circuit on May 31 affirmed a lower-court ruling against
Lenard Persin, WB4HZQ, in his efforts to erect an 80-foot repeater and HF
remote base tower in his side yard in Seminole County.
"We are disappointed with the Court's ruling, which runs contrary to the
clear and unambiguous meaning of the FCC's PRB-1 preemption decision," said
ARRL Executive Vice President David Sumner, K1ZZ. The Eleventh Circuit
ruling was doubly troubling because the ARRL had agreed to fund Persin's
appeal in the case.
In a six-page, unpublished decision, the Eleventh Circuit decided that the
US District Court had not erred by applying "a balancing test rather than
the reasonable accommodation test required by PRB-1."
Sumner said that by letting stand the US District Court's reliance on the
"balancing of interests" approach, the Appeals Court took a regulatory
direction that the FCC has expressly labeled "not appropriate." He called it
"incomprehensible" that the Eleventh Circuit Court of Appeals could have
failed to follow the lead of the Eighth Circuit, which reaffirmed the
"reasonable accommodation" and "minimum necessary regulation" principles of
PRB-1 in a landmark 1994 case.
Seminole County's ordinance restricts Amateur Radio towers to 35 feet
without a special exception. The lower court agreed with Seminole County
that Persin's request for a taller structure would be detrimental to the
character and not consistent with the development trends of his
neighborhood. Persin said one neighbor in particular fought his application
on that basis. In District Court, Persin had presented--to no avail--expert
testimony that a 35-foot tower would be ineffective and that the taller
tower he requested would not change the character of the neighborhood nor
affect property values.
Persin says he believes the decision dealt "a fatal blow" to PRB-1 and that
other jurisdictions will copy Seminole County's approach to dealing with
Amateur Radio towers "since they now know it will hold up in court." The
county's ordinance, Persin says, "was particularly designed to thwart
PRB-1." He called for protection stronger than that offered by PRB-1.
Sumner and ARRL General Counsel Chris Imlay, W3KD, note, however, that,
because the Eleventh Circuit opinion was not published, it will not serve as
a precedent in future cases. Sumner says that, under PRB-1, municipalities
continue to have "an absolute obligation" to reasonably accommodate Amateur
Radio communication and to impose "the minimum practicable regulation to
accomplish its legitimate purpose."
------=_NextPart_000_020C_01BFE8CB.FA238460-- --part1_e6.7d1868e.2698c8a1_boundary-- From w4ru@arrl.org Mon Jul 10 22:20:23 2000 From: w4ru@arrl.org (Sandy Donahue) Date: Mon, 10 Jul 2000 14:20:23 -0700 (PDT) Subject: [SEDXC] Fwd: ARLX011 K1TO and N5TJ repeat as WRTC winners Message-ID: <20000710212023.7378.qmail@web116.yahoomail.com> --- ARRL Members Only Web site-----Original Message-----
From:=20To: dx-news@pro-usa.net <dx-news@pro-usa.net>; DX-list= =20 <dx-list@egroups.com>
Da= te:=20 Saturday, July 08, 2000 8:31 AM
Subject: [DXR] Something t= o=20 think about....While you're DX'ing, Contesting, or such, here's som= ething=20 to think about....balance is an important aspect.I received this the other day via email from a non-h= am=20 friend.The older I get, the more I enjoy Saturday=20 mornings.
Perhaps it's the quiet solitude that comes with being the f= irst=20 to
rise, or maybe it's the unbounded joy of not having to be at=20 work. Either
way, the first few hours of a Saturday morning are= =20 most enjoyable.A few weeks ago, I was shuffling toward the base= ment=20 shack with a
steaming cup of coffee in one hand and the morning paper= in=20 the other.
What began as a typical Saturday morning, turned into one=20= of=20 those lessons
that life seems to hand you from time to time. Le= t me=20 tell you about
it. I turned the dial up into the phone portion=20= of=20 the band on my ham
radio in order to listen to a Saturday morning swa= p=20 net. Along the way, I
came across an older sounding chap, with=20= a=20 tremendous signal and a golden
voice. You know the kind, he sou= nded=20 like he should be in the broadcasting
business. He was telling=20 whoever he was talking with something about
"a thousand=20 marbles".I was intrigued and stopped to listen to what he= had=20 to say. "Well
Tom, it sure sounds like you're busy with yo= ur=20 job. I'm sure they pay you
well but it's a shame you have to be= =20 away from home and your family so much.
Hard to believe a young fello= w=20 should have to work sixty or seventy hours a
week to make ends=20 meet. Too bad you missed your daughter's dance recital."
H= e=20 continued, "let me tell you something Tom, something that has helpe= d=20 me
keep a good perspective on my own priorities."And that's when he began to explain his theory o= f a=20 "thousand
marbles."
"You see, I sat down= one=20 day and did a little arithmetic. The average person lives
about=20 seventy-five years. I know, some live more and some live less, but= =20 on
average, folks live about seventy-five years."
=20
"Now then, I multiplied 75 times 52 and I came up with 3900 whi= ch=20 is the
number of Saturdays that the average person has in their=20 entire
lifetime.
Now stick with me Tom, I'm getti= ng=20 to the important part."
"It took me until I was=20 fifty-five years old to think about all this in any
detail", he=20= went=20 on, "and by that time I had lived through over
twenty-eight hund= red=20 Saturdays. I got to thinking that if I lived to
be seventy-five= ,=20 only had about a thousand of them left to enjoy."
"So I wen= t to=20 a toy store and bought every single marble they had. I
ended up= =20 having to visit three toy stores to round-up 1000 marbles. I=20 took
them home and put them inside of a large, clear plastic containe= r=20 right
here in the shack next to my gear. Every Saturday since t= hen,=20 I have taken
one marble out and thrown it away."
=20
"I found that by watching the marbles diminish, I focused more=20= on=20 the
really important things in life. There is nothing like watc= hing=20 your
time here on this earth run out to help get your priorities=20 straight."
"Now let me tell you one last thing=20 before I sign-off with you and
take my lovely wife out for=20 breakfast. This morning, I took the very last
marble out of the= =20 container. I figure if I make it until next Saturday then
I hav= e=20 been given a little extra time. And the one thing we can all
us= e is=20 a little more time."
"It was nice to meet you Tom, I hope y= ou=20 spend more time with your
family, and I hope to meet you again here o= n=20 the band. 73 Old Man, this is
K9NZQ, clear and going QRT, good=20 morning!"
You could have heard a pin drop on the band= =20 when this fellow signed
off.
I guess he gave us all a l= ot=20 to think about. I had planned to work
on
the antenna that=20 morning, and then I was going to meet up with a few hams
to work on t= he=20 next club newsletter. Instead, I went upstairs and woke
my wife= up=20 with a kiss. "C'mon honey, I'm taking you and the kids=20 to
breakfast."
"What brought this on?" s= he=20 asked with a smile. "Oh, nothing
special, it's just been a= =20 long time since we spent a Saturday together with the
kids.
= =20
Hey, can we stop at a toy store while we're out? I need to buy= =20 some
marbles."
HAVE A GREAT WEEKEND AND MAY ALL=20 SATURDAYS BE SPECIAL!