[W1SMH] Antenna Tower Issue

[D. Austin Horowitz]

While it would be very useful to obtain the assistance of a
Massachusetts attorney, (the ARRL list of volunteer counsel in MA is at
http://www.arrl.org/FandES/field/regulations/local/vci.html?ctype=2&state=MA&lname=&myaction=Search+By+Appointee+State),
at
the very least the Attleboro city council needs to be reminded of the state
law protecting amateur operations (I am not an Attleboro resident, so it
wouldn't be proper for me to do this).

Massachusetts General Law, Chapter 40A, Section 3 (available at
http://www.mass.gov/legis/laws/mgl/40a-3.htm) includes the provision that
"No zoning ordinance or by-law shall prohibit the construction or use of an
antenna structure by a federally licensed amateur radio operator. Zoning
ordinances and by-laws may reasonably regulate the location and height of
such antenna structures for the purposes of health, safety, or aesthetics;
provided, however, that such ordinances and by-laws reasonably allow for
sufficient height of such antenna structures so as to effectively
accommodate amateur radio communications by federally licensed amateur radio
operators and constitute the minimum practicable regulation necessary to
accomplish the legitimate purposes of the city or town enacting such
ordinance or by-law."

This basically codifies on a state level the PRB-1 federal preemption
granted by FCC regulation.

I definitely wish all Attleboro residents success in fending off this
threat.

-Austin, KB2WIL

On Wed, Oct 7, 2009 at 12:04 PM, Kenneth Stringham <ae1x at yahoo.com> wrote:

> Gentlemen,
>
> We have an serious antenna issue in Attleboro, MA. For those of you with
> the ARRL, I know that I am no longer a member, not by choice but by economic
> necessity. We have public hearing scheduled for 20-Oct-2009 at 7:00pm in our
> city council chambers. This public hearing involves a change to our City
> Ordinances to restrict all Wireless Communications towers to locates at
> least 500' from any structure used for a residence. This would eliminate all
> residential amateur radio towers unless we can get them include exclusions
> for personal communications systems.
>
> This mess was precipitated by an attempt by T-Mobile to place a new Cell
> Tower on property of the Knights of Columbus on Highland Avenue in South
> Attleboro, MA. The neighbors protested at a public hearing to approve the
> installation of the tower citing lost property values and potential for
> biological harm from the emissions.
>
> I'm hoping that I can get others to take a serious interest in this
> potential disaster in the making. Our community needs to make substantial
> showing at this hearing with all the proper materials and words to make an
> effective case for an exemption.
>
> Respectfully Yours,
>
> Kenneth E. Stringham, Jr.
> AE1X
> 223 Mendon Rd.
> South Attleboro, MA 02703-7571
> Tel: 508-639-9808
>
>
>
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