No subject

Congress endorsed the plan late last year.  The FCC then approved the overhaul in January. The changes will take effect March 25th.  You can read more on the web at www.fcc.gov.  (ARNewsline (tm) from published news reports)

**

RADIO LAW:  FCC REFUSES TO SIDE WITH CB'ER IN LOCAL CITATION CASE

The FCC has refused to hear an appeal by an Illinois C-B operator who was convicted of Disorderly Conduct for using an 11 meter Class D Citizens Band Radio.   Amateur Radio Newsline's Norm Seeley, KI7UP, has the details:

-- 

Gary D. White is among the first C-B operators dinged under a new authority granted by the Federal Government to states and municipal law enforcement agencies.  Authority to control interference caused by operators of Class D 11 Meter C-B radio sets.

White was convicted on a state Disorderly Conduct charge of operating his C-B equipment in an unreasonably loud, offensive, harassing or threatening manner. He was not convicted of violating any FCC rules.  White believed that the citation was based on interference to a neighbors telephone and television receiver.  This in itself is not a violation of FCC Part 95 rules.  And because of this he also believed that local authorities had no justification to sanction him.  So he appealed the conviction to the FCC.

But the FCC says that the proof of guilt on the Disorderly conduct allegation is not in its preview to consider.  This is because no FCC rules were violated.  Also, under a law enacted by Congress in November of 2000, state and local governments are free to enact laws to enforce existing Part 95 Citizens Radio Service rules.

Bottom line.  The FCC will not interfere in the case and White will have to find other avenues if he wishes to continue his appeals.

For the Amateur Radio Newsline, I'm Norm Seeley, KI7UP.

--

Congress enacted the law to give state and local authorities enforcement authority over 11 meter C-B operators due to the rising tide of unnecessary and harmful interference to other people using radio devices in near-by spectrum.  This includes corded and wireless telephones, television receivers, stereo Hi-Fi sets and other consumer electronic gear.  Ham radio is specifically exempted from the law and any ordinance it may be used to create. (W5YI Report)

**

HAM RADIO RIGHTS:  NM. AND W.VA. JOIN THE PRB-1 BANDWAGON

The ARRL Letter reports that New Mexico and West Virginia have become the 14th and 15th states to adopt pro Amateur Radio antenna bills based on the limited federal preemption known as PRB-1.  Amateur Radio Newsline's Jeff Clark, K8JAC, reports:

We have this report:

-- 

In New Mexico Governor Gary Johnson signed House Bill 314 on March 5th. This, after it easily passed both houses of the legislature last month with just two opposing votes during a short session that typically only deals with appropriations bills.  Called New Mexico's "Emergency Communication Preservation Act" the measure was sponsored by State Representative Mimi Stewart and Senator Ramsay Gorham.  It stipulates that municipal or county ordinances regulating Amateur Radio antennas cannot obstruct or preclude amateur radio service communications.  Also, that such ordinances shall reasonably accommodate amateur radio service communications.

Here in West Virginia Governor Bob Wise signed House Bill 4335 into law on March 7th. The bill provides that antenna structures may be erected at heights and dimensions sufficient to accommodate amateur radio service communications but does not include a minimum regulatory height schedule.  The measure also exempts Amateur Radio antenna towers constructed prior to the effective date from subsequent zoning regulation changes.