[TowerTalk] 12-14-2008 update on Palmdale ham radio ban

[Michael Tope]

Below is some specific information on the Palmdale antenna ordinance 
case that I found in my email inbox today.

73 Mike W4EF.................
 
-------- Original Message --------
Subject: 	ARRL Southwestern Division e-Communicator
Date: 	Mon, 15 Dec 2008 21:08:14 -0500 (EST)
From: 	ARRL SW Division <memberlist at www.arrl.org>
To: 	W4EF at dellroy.com



************************************************************
Here's your update on major items of interest to us in the
ARRL Southwestern Division...
************************************************************

ARRL Antenna Defense Fund Contributes $5,000 toward WB6X Lawsuit

The ARRL's Amateur Radio Legal Defense and Assistance Committee has
voted to contribute $5,000 toward the costs of a lawsuit against the
City of Palmdale in the Antelope Valley of Los Angeles County. The suit
was filed by ARRL Volunteer Counsel Len Shaffer, WA6QHD, on behalf of
Alec Zubarau, WB6X, who was forced by the City to remove an antenna
tower erected under a valid building permit.  The permit revocation
followed complaints of radio frequency interference by some of Alec's
neighbors.  Those complaints were never substantiated and, in any case,
are a matter of federal preemption and not within the jurisdiction of
the city.

Over $1,500 has already been contributed by clubs and their members
from throughout the Southwestern Division, and this contribution from
the League-managed Antenna Defense Fund will further help defray the
expenses of preparing for the February, 2009 court date.  Len Shaffer
is performing the legal work pro bono, but even just compiling the
record to present in court can be costly.  ARRL Defense Committee Chair
Jay Bellows, KØQB noted that, although the case has not yet reached the
appellate level, the egregious nature of Palmdale's actions, including
ordering removal of a previously approved antenna tower, the potential
impact on a large number of amateurs and the existence of substantial
local financial support from the ham community were significant factors
in the Committee's decision to provide support for this case.

Any individual or organization wishing to help support this legal
challenge may send their contributions to the trust account.  Make
checks payable to: Leonard J. Shaffer, Esq. and include  "WB6X Defense
Fund" on the memo line.  Mail to: P.O. Box 570936, Tarzana, CA 91357

Palmdale Antenna Ordinance Activity

Shortly after issuing the WB6X permit revocation order, the City of
Palmdale began drafting an amended antenna ordinance that places severe
restrictions on all Amateur Radio antennas.  The draft was released
just before Thanksgiving, and a hearing was scheduled for December 4. 
At the request of Vice-Director Marty Woll, N6VI, who attended the
Palmdale Planning Commission meeting along with about a dozen local
hams and supporters, ARRL General Counsel Chris Imlay, W3KD, wrote a
lengthy letter to the City Attorney pointing out numerous flaws in the
proposed ordinance and explaining why many of its provisions are
unenforceable due to federal and state preemption.  Thanks to help from
Keith Hoyt K6GXO, Eugene Humphreys KG6SLC and others in the Antelope
Valley ARC, Marty Woll has an opportunity to meet with management of
the Palmdale Public Safety Department, which is supportive of hams.  He
and Keith Hoyt are also scheduled to meet with the Planning Department
and Assistant City Attorney in early January.  The proposed ordinance
has been the subject of considerable discussion in Amateur Radio
circles. Local hams and Division and National League representatives
are devoting considerable time and effort toward resolving the issue.

San Diego Antenna Ordinance Activity

Meanwhile, the City of San Diego has also proposed a modification of
its antenna zoning rules.  Up to now, ham antennas have not been
subject to the height restrictions applicable to buildings and other
structures.  Under the modification, however, those restrictions will
apply unless the amateur obtains a time-consuming and cost-prohibitive
Process Three Site Development Permit-- the City's most onerous
procedure, which requires site plans, engineering studies, public
hearings, and perhaps hiring a land use attorney, even after which he
or she may be denied the request for a height increase.  

Attorney Larry Serra N6NC, San Diego DX Club President Glenn Rattmann
K6NA, Section Manager Steve Early AD6VI and others are staying on top
of this proposal, which has a short comment deadline of January 2,
2009.  The local ham community has engaged a prominent local land-use
attorney to prepare and file a comment on their behalf. Meanwhile, ARRL
General Counsel Chris Imlay is preparing a League response to the City.
Concerned hams who wish to help can contact SM Steve Early, at
AD6VI at arrl.org .

ARRL Policies

Vice Director Marty Woll, N6VI, and I both welcome opportunities to
address your radio clubs about ARRL national issues, and welcome your
inputs regarding ARRL policies.

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ARRL Southwestern Division
Director: Richard Norton, N6AA
n6aa at arrl.org
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