[SIERA] RE: Ham in Las Vegas Needs Some Help

[Dick Flanagan K7VC]

At 10:31 AM 1/16/2007, Munoz.Andre wrote:
 >as a member of ARRL and affiliated ARRL clubs, I must ask...
 >What is ARRL official position on this?

Good question, Andy.

The ARRL position is to vigorously support the spirit and intent of the 
"reasonable accommodation" provision of FCC Part 97.15 and the limited 
preemption known as as PRB-1.

 >Is there any Federal or State law that addresses this issue that can be
 >cited.

The Federal issues are defined in the first paragraph of the relevant 
Nevada State law (below).

The State issues are defined in NRS 278.02085 as follows:

NRS 278.02085  Amateur radio: Limitations on restrictions on amateur
service communications; limitations on regulation of station antenna
structures; exception.

       1.  A governing body shall not adopt an ordinance, regulation
or plan or take any other action that precludes amateur service
communications or that in any other manner does not conform to the
provisions of 47 C.F.R. § 97.15 and the limited preemption
entitled "Amateur Radio Preemption, 101 F.C.C. 2d 952 (1985)" as
issued by the Federal Communications Commission.

       2.  If a governing body adopts an ordinance, regulation or
plan or takes any other action that regulates the placement,
screening or height of a station antenna structure based on health,
safety or aesthetic considerations, the ordinance, regulation, plan
or action must:

       (a) Reasonably accommodate amateur service communications; and

       (b) Constitute the minimum level of regulation practicable to
carry out the legitimate purpose of the governing body.

       3.  The provisions of this section do not apply to any
district organized pursuant to federal, state or local law for the
purpose of historic or architectural preservation.

       4.  Any ordinance, regulation or plan adopted by or other
action taken by a governing body in violation of the provisions of
this section is void.

       5.  As used in this section:

       (a) "Amateur radio services" has the meaning ascribed to it in
47 C.F.R. § 97.3.

       (b) "Amateur service communications" means communications
carried out by one or more of the amateur radio services.

       (c) "Amateur station" has the meaning ascribed to it in 47
C.F.R. § 97.3.

       (d) "Station antenna structure" means the antenna that serves
an amateur station, including such appurtenances and other
structures as may be necessary to support, stabilize, raise, lower
or otherwise adjust the antenna.

       (Added to NRS by 2001, 596)

I am not familiar with any specific Clark County or Las Vegas City statutes 
on-point.

 >Alternately; as this appears to be an ARRL affiliated issue, is there
 >any  assistance that can be provided by the league?

Steven's struggle with the Las Vegas City government is being repeated 
every day in hundreds of municipalities across the country.  The ARRL would 
love to have the financial resources to materially support them all, but is 
currently limited to providing educational information to everyone 
concerned while continuing to work for relief at the Federal level.  Please 
check 
http://www.arrl.org/FandES/field/regulations/antenna-restrictions.html for 
a lot of good on-point information.

73, Dick
--
Dick Flanagan K7VC NV SM
k7vc at arrl.org