[PHX-Skywarn] More on HB 2529

[Allen Sklar]

Hello All 

This was in the ARRL letter this week.....

Allen Sklar
Tempe AZ USA 

  

==>HAM RADIO ANTENNA BILLS IN PLAY IN THREE STATES

Lawmakers in three states -- Arizona, Maryland and Oklahoma -- are
considering Amateur Radio antenna bills that would put the essence of
the
limited federal pre-emption known as PRB-1
<http://www.arrl.org/FandES/field/regulations/PRB-1_Pkg/prb-1.pdf> into
each
state's statutes. The Arizona and Maryland bills go a step beyond most
PRB-1
legislation. They not only would require that municipal land-use or
zoning
regulations "reasonably accommodate" Amateur Radio communication per
PRB-1,
spelled out in the FCC's Amateur Radio rules in §97.15(b), they would
extend
the same protections to certain private communities where deed
covenants,
conditions and restrictions (CC&Rs) apply.

The Arizona amateur antenna bill, House Bill 2595
<http://www.azleg.gov/legtext/48leg/1r/bills/hb2595p.pdf> calls for
"reasonable heights and dimensions for accommodation of Amateur Radio
station emergency service communications antennae and structures." After
stripping a provision to exempt Amateur Radio licensees from the $25
vanity
license plate fee from the bill, the Arizona House Appropriations
Committee
voted out the measure with a "do pass" recommendation. The bill already
has
a Senate sponsor.

In Maryland, essentially identical bills are under consideration in both
legislative chambers: House Bill 941
<http://mlis.state.md.us/2007RS/bills/hb/hb0941f.pdf> and Senate Bill 68
<http://mlis.state.md.us/2007RS/bills/sb/sb0068f.pdf>. These measures
would
require local zoning authorities to comply with the PRB-1 limited
federal
pre-emption calling on municipalities to "reasonably accommodate Amateur
Radio communication." The bills' provisions also would apply to
homeowners'
associations (HOAs) that have not already enacted antenna restrictions
by
the time the bill becomes law.

Affected HOAs would not be permitted to "restrict or prohibit the
design,
placement, screening, height or use of Amateur Radio equipment on the
property of lot owners." The measure would exempt HOAs having antenna
restrictions in place when the bill goes into effect, however.

Among other things, the Maryland bills' preambles cite the value of
Amateur
Radio to the public welfare, pointing out its "invaluable emergency
radio
communication services in the state and across the United States before,
during and after floods, hurricanes, tornadoes, forest fires,
earthquakes,
blizzards, train accidents, chemical spills and other disasters."

In Oklahoma, House Bill 1037
<http://webserver1.lsb.state.ok.us/2007-08bills/HB/HB1037_HFLR.RTF> has
been
voted out of committee with a "do pass" recommendation and onto House
floor
for a vote. The measure provides that municipal ordinances shall comply
with
§97.15(b) by permitting Amateur Radio antennas or antenna support
structures
"at a height and dimension sufficient to accommodate Amateur Radio
service
communications." The measure already has a sponsor in the Oklahoma
Senate.

To date, 23 states have adopted PRB-1 legislation
<http://www.arrl.org/field/regulations/statutes.htm>. PRB-1 does not
specify
a minimum height below which local governments may not regulate but does
require reasonable accommodation, but four states -- Alaska, Wyoming,
Virginia and Oregon -- enacted legislation that specifies heights below
which municipalities may not regulate.