[InHam] sb 109 committee report

[Kevin Emenhiser]

Here is a copy of the committee report for Senate Bill 109. If you have any
questions, or need additional information please contact me at (317)
232-9532, or toll free at 1-800-382-9467.

Meghan Vernon
Legislative Assistant




Governmental Affairs and Interstate Cooperation

February 12, 2003

Blair Russell, 232-9863



Senate Bill 109
Regulation of Amateur Radio Antennas

Author: Antich

Synopsis: Requires a municipality or county to comply with an FCC ruling
concerning amateur radio preemption or a regulation related to amateur radio
service. Prohibits a municipality or county from restricting the height of
amateur radio antennas to less than 75 feet above ground level.

Amendments Proposed: None


Support Testimony:

Senator Antich
- This bill will place Indiana in compliance with FCC rules regarding HAM
radio operators.
- Amateur radio is very important to the security of the state in cases of
emergency.
- Restrictions on the height of HAM radio antennas limit the ability of HAM
radio operators to communicate effectively.  This could be a security risk.


James Sellers
- The state currently is has a "patchwork of antenna restrictions".  Each
community has its own restrictions that limit the height of antenna towers.
- Most communities put restrictions on antennas in order to control the
construction of cellular phone towers, but they did not take into account
the effect those restrictions would have on HAM radio operates.
- This bill will codify antenna regulations across the state.

Paul Van Dyke
- When dangerous weather strikes or other emergency situations arise, HAM
radios are sometimes the only way to communicate with emergency personnel.
Restrictions on the height of antennas can be a life or death situation in
emergencies.  Taller towers can help prevent disasters.

David Spolster
- There are 15,000 licensed HAM operators in Indiana.
- After September 11th, telephones and Internet services were disrupted in
several areas.  For 50 hours after the terrorist attacks in New York City,
HAM radio was the main form of communication for emergency services.  HAM
radio operators helped to save lives that day and would do the same in
Indiana if a disaster struck.
- The most important part of HAM radio operations is the antenna.
Restrictions on the height of antennas severely inhibit the effective use of
these radios.
- 19 states have already passed this kind of legislation.


Opposition Testimony:

John Molitor, Historic Landmarks Association
- 75 foot tall antennas can be eyesores.  The bill should not set such a
high minimum height.
- The state should not try to micromanage local decissions.


David Baner, Association of Indiana Counties
- This is a local zoning issue.  Each community is different and should be
able set its own restrictions on antenna height.


Additional Discussion:

Senator Zakas mentioned that the committee may be overlooking the ascetics
involved with this issue.  Some people do not want a tower in their
neighborhood.  The towers could also affect property values.
	James Sellers responded that "beauty is in the eye of the beholder".  To
HAM radio operators, the antennas are attractive. The antennas are much
smaller than cell phone towers.

Senator Adams asked how this legislation would affect leases and covenants
with homeowners associations.
	James Sellers responded that this legislation would not affect those
agreements.  This bill only applies to restrictions enacted by local
governments.

Senator Zakas asked why the United States Congress doesn't passed similar
legislation is HAM radios are so important to national security.

Senator R. Meeks stated that there was a tornado in Elkhart a few years ago,
and HAM radios were the only way to communicate with emergency personnel.
The HAM radios helped to prevent further disasters.

Senator Dembowski stated that since she comes from local government she
would usually not support state intervention with local issues, but that
this is a security issue that cannot be overlooked.

Senator Lawson said that she would vote against this bill because she felt
that it preempted FCC regulations.


Final Vote: 5 Yea, 3 Nay, 3 Absent

Riegsecker	Yea
Waterman	Absent
Adams		Yea
Clark		Nay
Lawson	                Nay
R. Meeks	                Yea
Zakas		Nay
Smith		Absent
Breaux		Yea
Broden		Absent
Dembowski	Yea

Now the real work starts........
thanks all who were involved
Kevin
N9KE
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