[Towertalk] Fwd: Last Ditch Effort Needed on Tower Bill - June 28, 2002

[J.P. Kleinhaus]

Thanks Tom.

It's about time someone actually read the document and spoke to
its contents instead of the wild conjecture and half-assed reasoning
I've seen from other people here in the last 2 days.

J.P.
W2XX


----- Original Message -----
From: "WA2BPE" <wa2bpe@infoblvd.net>
To: <ag0n@arrl.net>
Cc: <towertalk@contesting.com>
Sent: Monday, July 01, 2002 12:23 AM
Subject: Re: [Towertalk] Fwd: Last Ditch Effort Needed on Tower Bill - June
28, 2002


> While 95' would be "acceptable" by most, there are for many people and
> circumstances where it is certainly much too low.  In New York State,
depending
> on where you are, there can be serious problems with 20' or no problems
with
> 200.
>
> The proposed legislation, NYS Assembly, A.1565, states: "...2. NO LOCAL
> ORDINANCE, BY-LAW, RULE OR REGULATION, OR OTHER LOCAL LAW SHALL: (A)
RESTRICT
> AMATEUR RADIO SUPPORT STRUCTURE HEIGHT TO LESS THAN NINETY-FIVE FEET ABOVE
> GROUND LEVEL; OR (B) RESTRICT THE NUMBER OF ANTENNA SUPPORT STRUCTURES."
>
> My apologies for the caps, but it is a direct quote from a proposed legal
> document.
>
> Thus, it does NOT **limit** structures to 95' maximum; in fact, exactly
the
> opposite - the key word is LESS!!  It is always possible to gain variances
*if*
> you do your homework to have individual merits considered.  The real
problem is
> the large number of ignorant (not stupid) zoning boards/local legislatures
who
> know nothing of the Federal preemption of PRB-1 issued 17 years ago.
There also
> exists the "home rule" advocates and Association of Towns that feel that
their
> power to control and the "balancing of interests" is being usurped; they
have
> failed to come to grips with the FCC preemption.  The purpose of this bill
is
> simply to put into place legislation at the state level in concert with
PRB-1.
> In this manner, hopefully common sense *will* prevail and acrimonious and
costly
> lawsuits will become a thing of the past.  It is unfortunate that more
laws be
> added to the books, but classically, government makes laws, not solutions.
The
> successful will learn to understand, work with, and even participate in
the
> writing of "common sense" regulations.
>
> I, personally, have become involved in helping mold the rewriting of
zoning in
> my township; several local townships are in the process of rewriting their
> Master Plans.  I intend to do all I can to assure that zoning re:
> towers/antennas is reasonable.  Indeed, one local village's zoning
specifically
> (and wisely) yields to Federal statutes relative to Amateur antenna
structures.
> One task on my list is to educate those that will listen that the laws of
> Physics shall not be denied - you want cell phones? - you want TV/FM
reception
> (and you don't have cable available)? - you live in an area of rough
terrain? -
> height *does* count!
>
> Respectfully,
>
> Tom - WA2BPE
>