[NCham] North Carolina "Antenna Bill" passes Senate committee

[Gary Pearce KN4AQ]

North Carolina "Antenna Bill" passes Senate committee

by Gary Pearce KN4AQ, ARRL NC Public Information Officer


RALEIGH NC, June 14, 2007

The North Carolina "Amateur Radio Antenna Bill" - officially House Bill 
1340 - cleared another hurdle today as the state Senate Committe on 
Commerce, Small Business and Entrepreneurship unanimously recommended its 
passage by the full Senate.  The Senate could vote on it as early as next 
week.  If it passes as expected, it must stop by the House one more time 
for approval of a minor change in the text.  Then it's on to the Governor 
for his signature.  It's possible the bill will become law before the end 
of the month, and would take effect in October.

H1340 is essentially a North Carolina version of FCC rule PRB-1 which 
requires states and municipalities to provide "reasonable accommodation" of 
Amateur Radio antennas (complete H1340 text below).  H1340 adds specific 
language about permitting antennas up to 90 feet, though zoning boards 
would have some latitude based on health, safety and aesthetic 
concerns.  However, the bill's primary value is that zoning boards, county 
and city councils will pay attention to a state statute, while they might 
have trouble recognizing an obscure FCC rule (PRB-1 is an FCC rule).

The bill slid through the Senate committee as quickly as it did the House 
Ways and Means Committee on May 2.  The bill's sponsor, Rep. Daniel McComas 
(R, New Hanover County), introduced the bill to the committee, and former 
Wilmington Mayor Hamilton Hicks, KB4BR, spoke briefly about the need for 
this legislation following experience with Hurricane Katrina and others, 
and the difficulty some hams have had getting permission to erect effective 
antennas.  Hicks is well known by many House and Senate leaders.

One committee member asked if the bill would override CC&R's (deed 
restrictions and Homeowner Association rules).  He was assured it would 
not, although Hicks did say that the statute would give ham radio operators 
something to use to open discussions with Homeowner Associations.  Another 
member asked if the The North Carolina League of Municipalities had any 
objections.  Hicks said he had discussed the bill with their leadership and 
asked them to present any objections - they had none.  The bill passed the 
Senate committee unanimously on a voice vote.

Also attending the meeting were ARRL NC Section Manager Tim Slay, N4IB, and 
PIO Gary Pearce, KN4AQ.

Hicks and Slay learned that the bill was actually written by Gerry Cohen, 
Director of the Bill Drafting Division for the General Assembly, who 
introduced himself outside the meeting room.  Cohen is also N4GC, a ham 
since 1964 who grew up in the shadow of the ARRL's old headquarters in 
Hartford CT.  Cohen said that he saw an early draft of the bill being 
prepared by one of his staff lawyers who didn't have experience with 
Amateur Radio.  He took up the project himself.

Hicks and Slay were also interviewed outside the conference room  by WUNC 
Radio legislative reporter Laura Leslie.  Leslie said that she became 
interested in the bill when it was first introduced.

While full Senate passage is more than a formality, no resistance is 
expected, and Ham Hicks said that no additional lobbying of state 
legislators is needed.

When hearing about this bill, may hams ask if the General Assembly will 
ever receive a bill that would override CC&R's.  No such bill is planned, 
and the immediate questions asked about that by members of both the House 
and Senate committees shows that such a bill would be more 
controversial.  The FCC has declined to extend PRB-1 coverage to CC&R's on 
a federal level.  ARRL supported bills in Congress that would do that have 
been introduced in each of the past several sessions, but have died without 
action.  The ARRL continues to list that as a legislative priority.


FULL TEXT OF H1340:

AN ACT TO RECOGNIZE THE VALUE OF AMATEUR RADIO COMMUNICATIONS BY REQUIRING 
CITY AND COUNTY ORDINANCES REGULATING ANTENNAS TO REASONABLY ACCOMMODATE 
AMATEUR RADIO COMMUNICATIONS.

A city ordinance based on health, safety, or aesthetic considerations that 
regulates the placement, screening, or height of the antennas or support 
structures of Amateur Radio operators must reasonably accommodate Amateur 
Radio communications and must represent the minimum practicable regulation 
necessary to accomplish the purpose of the city. A city may not restrict 
antennas or antenna support structures of Amateur Radio operators to 
heights of 90 feet or lower unless the restriction is necessary to achieve 
a clearly defined health, safety, or aesthetic objective of the city.


This act is effective when it becomes law.  (The Senate version changes 
this to a specific date in October, 2007.  This change must be approved by 
the House before it can be signed by Govenor Easley).


=====================

PHOTOS:

Photos from both House and Senate hearings can be downloaded at:
http://www.myfabrik.com/pearce10/public/garypearce/B6575163FAEB7A08#layerTop

The file names list who is in each picture.  All photos taken by KN4AQ.



ARVN: Amateur Radio//Video News
Gary Pearce KN4AQ
508 Spencer Crest Ct.
Cary, NC 27513
kn4aq at arvidnews.com
919-380-9944
www.ARVidNews.com