[TowerTalk] Is the FCC sharp? Is ARRL counsel swift?

[Joe Subich, K4IK]

>
> Seems to me that the question of erecting towers is really a property
> rights issue. Not really sure though how private property is protected
> under the U.S. Constitution. With a few noteable exceptions, it
> is sparsley mentioned in the text:
>
> "No person shall be deprived of life, liberty, or PROPERTY without
> 'due process of law.' "  -  U.S. Constitution, Fifth Amendment
>

Of course, one could argue that amateur radio towers is a first
amendment and separation of powers issue.  The federal government
has authorized us to operate an amateur radio station and no other
government (state, county, township, city, etc.), individual, or
group may deny or modify that right.  If a tower (antenna) is necessary
to the effective exercise of that right, then no other government,
individual or group may prevent the erection of that tower.

Of course, I’m no lawyer ...




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