[TowerTalk] ARRL asks for reconsideration/Florida tower case

[thompson@mindspring.com]

The ARRL executive committee has asked the FCC for a partial reconsideration
of adding teeth to
the limited PRB-1 protection of amateur radio antennas and towers.   The
ARRL had asked in 1996 for
broad coverage of PRB-1 both a the local government zoning level and even to
the subdivision restrictive
covenants (CC&R's).    The FCC decided to turn down the request but added
words to strongly suggest that
amateurs be given consideration with these restrictions.  Further the FCC
said the local government concept of
balancing the considerations of the county with the amateur were not in
compliance with PRB-1.   The ARRL would like to get these additional
statements added to PRB-1 for legal purposes.

The reconsideration was fueled by the following case in Florida: (from an
ARRL bulletin)
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Lenard Persin, WB4HZQ, had applied to Seminole County for a special
exception to a 35-foot tower height limit to build an 80-foot tower
on his nearly one-acre lot. Denied by the County, Persin appealed in
federal court, and the ARRL filed a ''friend of the court'' brief in
the case. On November 2, a US District Court in Florida ruled for
the County, saying it had ''properly balanced Mr. Persin's interests
with the needs of the community.''

In its Order two weeks later dismissing RM-8763, however, the FCC
had declared that, given the express language of PRB-1, ''it is
clear that a 'balancing of interests' approach is not appropriate.''
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Did not Florida pass a local PRB-1???

Dave K4JRB
ARRL Assistant Director, SE Division



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