Get Involved in Defending Amateurs' Rights

[ARRL]

In recent days, some ARRL members who have read about the case involving antenna support structures in Palmdale, California have asked how they can help protect amateurs' antenna rights. "I can think of no better way to support amateurs and the fight for PRB-1 rights than to make a contribution to the fund that provides financial resources for such situations -- the ARRL Legal Research and Resource Fund," said ARRL Chief Development Officer Mary Hobart, K1MMH. This fund, Hobart said, provides for research and expert opinions, as well as the filing of legal briefs in proceedings related to Amateur Radio. If you would like to make a contribution to this important fund, you may do so in one of three ways: Via mail to ARRL, 225 Main St, Newington, CT 06111; by phone at 860-594-0397, or by credit card on our secure Web site.



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[C W Morse]

PRB-1 is CLEAR!!! Actually, this one is going to be FUN!!! Local governments CANNOT outlaw amateur antennas. They can regulate them within reason, but not STOP them (or towers and support structures.) Like Penn Township, PA, Palmdale, CA is about get their "keister" handed to them on a platter!!! Some of these self-important, jack-booted AND snot-nosed little clowns think they are Herr Hitler himself! I have no doubt these little goons are going to get a surprise!!!!!! :drool:


73

CWM

 

[Sonwatcher]

The house bill 1777 recently passed in Pa by a vote of 28-1 :

(a) General rule.--No municipality may adopt an ordinance, <--
8 regulation or plan or take any other action that precludes
9 amateur radio service communications or that in any other manner
10 does not comply with the limited preemption of the Federal
11 Communications Commission Amateur Radio Preemption order,
12 published at 101 F.C.C. 2d 952 (1985), or any regulation related
13 to amateur radio service adopted under 47 CFR Pt. 97 (relating
14 to amateur radio service).
15 (b) Reasonable accommodations.--Any ordinance or regulation
16 adopted by a municipality involving the placement, screening or

1 height of an amateur radio antenna based on health, safety or
2 aesthetic considerations shall reasonably accommodate amateur
3 radio service communications and represent the minimum
4 practicable regulation to accomplish the municipality's
5 legitimate purpose.
6 (A) GENERAL RULE.--A MUNICIPALITY THAT ADOPTS AN ORDINANCE, <--
7 REGULATION OR PLAN OR TAKES ANY OTHER ACTION INVOLVING THE
8 PLACEMENT, SCREENING OR HEIGHT OF ANTENNAS OR ANTENNA SUPPORT
9 STRUCTURES SHALL REASONABLY ACCOMMODATE AMATEUR RADIO SERVICE
10 COMMUNICATIONS AND SHALL IMPOSE ONLY THE MINIMUM REGULATIONS
11 NECESSARY TO ACCOMPLISH THE MUNICIPALITY'S LEGITIMATE PURPOSE.
12 (B) REASONABLE ACCOMMODATIONS.--A MUNICIPALITY MAY IMPOSE
13 NECESSARY REGULATIONS TO INSURE THE SAFETY OF AMATEUR RADIO
14 ANTENNA STRUCTURES BUT MUST REASONABLY ACCOMMODATE AMATEUR
15 SERVICE COMMUNICATIONS. NO ORDINANCE, REGULATION, PLAN OR OTHER
16 ACTION SHALL RESTRICT AMATEUR RADIO ANTENNA HEIGHT TO LESS THAN
17 65 FEET ABOVE GROUND LEVEL.
18 (c) Construction.--The provisions of this section shall not
19 be construed to prohibit a municipality from taking action to
20 protect or preserve a historic, a historical or an architectural <--
21 district that is established by the municipality or pursuant to
22 Federal or State law.
23 Section 2. Effective date.
24 This act shall take effect in 60 days.

 

[EDUK8TR]

The real kicker however is that PRB-1 isn't clear on the definition of what "reasonable accomodation" is. This has and continues to be a matter of debate across many circles.

 

[Moleculo]

Yeah, but Palmdale isn't making ANY accomodation. I can't see how they think they can win this..