[WSWSS] Calif AB 1228

[Jim Bridge K7LA]

>From ARRL.org website.  See below.

7 3,
K7LA  Jim
http://www.qsl.net/k7la
Cypress, CA DM03XT
ARRL VE, WSWSS #200, 10-X #73024
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Hearing Set on California Amateur Radio Antenna Bill

NEWINGTON, CT, Mar 12, 2003--A committee hearing has been set for March 26 
on California's latest attempt to pass an Amateur Radio antenna bill, 
Assembly Bill 1228. The measure, introduced February 21 by Assemblyman Bob 
Dutton (R-63rd), has been referred to the Committee on Local Government.

"There is a lack of consistency in zoning ordinances in terms of Amateur 
Radio Service communication structures," says a background document that 
explains the new bill. "Some cities and counties follow the preemption 
guidelines established by the FCC while others do not. Some cities lump 
Amateur Radio communication structures in with cell phone/telecommunication 
structures, thus ignoring the status of Amateur Radio antennas as a 
federally protected class of communication structures."

ARRL Pacific Division Director Bob Vallio, W6RGG, and ARRL staffer and 
antenna expert Dean Straw, N6BV, are among those scheduled to testify on 
behalf of AB 1228 before the Local Government Committee on March 26.

In 2000, the California Legislature passed a bill incorporating the essence 
of the limited federal preemption known as PRB-1, but Gov Gray Davis vetoed 
the measure. Davis said at the time that he turned down the bill, then known 
as SB-1714, because funds for required studies were not included in his 
budget and because he considered amateur antennas "a local rather than a 
state issue."

The earlier California measure had carried a price tag of between $70,000 
and $100,000 to fund studies and a model ordinance that lawmakers required. 
Organizers behind the current bill--introduced at the request of the 
committee that worked on the 2000 legislation--say the new measure, being 
called "The Emergency Communications Enhancement Act," will not carry a 
price tag.

"The current bill AB 1228, addresses Gov Davis' objection to the 2000 bill 
by eliminating the need for a study" at taxpayer expense, said ARRL 
Southwestern Division Director Art Goddard, W6XD. The current bill also 
contains no provisions for a minimum regulatory antenna support structure 
height. Goddard says the committee also is addressing concerns already 
raised by The League of California Cities.

Goddard said he and the late Pacific Division Director Jim Maxwell, W6CF, 
were involved in reviving the Amateur Radio antenna bill during the current 
legislative session. But he cited Mike Mitchell, W6RW, as "the sparkplug" of 
the 2003 PRB-1 bill committee. Goddard pointed out that the committee is 
composed of Northern and Southern California hams, since California spans 
two ARRL divisions.

The new bill is aimed at incorporating the language of PRB-1 into 
California's statutes. AB 1228 would require any ordinance regulating 
Amateur Radio antenna structures to not preclude Amateur Radio Service 
communications, to "reasonably accommodate" amateur communications, to allow 
amateur station antenna structures "at heights and dimensions sufficient to 
accommodate Amateur Radio Service communications," and to constitute "the 
minimum practicable regulation to accomplish the legitimate purpose of the 
city or county."

So far, 16 states have incorporated the essence of PRB-1 into their laws, 
and a handful of states have approved Amateur Radio antenna legislation that 
includes minimum regulatory heights for antenna structures. An Amateur Radio 
antenna bill was passed by the Utah Legislature this year and awaits the 
governor's signature. Bills are pending in several other states.

A copy of the proposed legislation is available on the California 
Legislature Web site.

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