[FCARC] Ohio Senate H.B. 158 Update

[Craig Szczublewski]

Hi folks, since many of you routinely ask if there is any updates regarding the 
antenna legislation, I thought I would pass this along:


?(The following is from our Ohio State Government Liaison, Nick Pittner, K8NAP. 
I would like to take this time to thank Nick, and the many, many others who 
donated thier time to get this Bill to where it is today. For video of today's 
legislative passing, visit 
http://www.ohiochannel.org/MediaLibrary/Collection.aspx?collectionId=108260 
<http://www.ohiochannel.org/MediaLibrary/Collection.aspx?collectionId=108260> 
Start at the 10 minute mark within the April 24th video.

73, Frank Piper - KI8GW)

Ohio amateurs' antenna legislation cleared a major hurdle today when H.B. 158 
was approved by the Ohio Senate. The Bill has now passed, though with minor 
differences, in both the Ohio House and the Ohio Senate and our ultimate goal of 
having this legislation become law appears to be within reach. The two remaining 
steps are, first, consideration by the House of the amendments made by the 
Senate. Those amendments essentially deleted the 75' "presumption" of 
reasonableness for tower height. The standard under the bill as passed is 
similar to that required by FCC regulation PRB-1, which is "reasonable 
accommodation" and "minimum practicable" regulation of antennas. Unlike PRB-1, 
however, the Ohio legislation places the burden of proof on any legislative 
authority denying a request for zoning variance to demonstrate compliance with 
the Ohio statute.

We believe that the House will be supportive of the changes made by the Senate, 
as both of the primary sponsors, Representatives Stebelton and Okey, have 
indicated their support and members often defer to the Sponsors when differences 
such as these arise. Following House reconsideration the next stop is Governor 
Kasich, who must approve the legislation in order for it to become law. Even 
that approval does not instantly transform the Bill into law, as a 90 day 
waiting period will be required before the law goes into effect. Notwithstanding 
all of that, today's vote was a milestone in our nearly 5 year effort to secure 
passage of this legislation. We continue to believe that this legislation will 
make it easier for many Ohio amateurs to more fully enjoy their hobby as well as 
to prepare for and participate in emergency communications as the need arises.

73,
Nick Pittner, K8NAP
State Government Liaison

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Craig Szczublewski - KD8KBU