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December 9, 1999
NEWINGTON, CT, Dec 9, 1999--The ARRL will ask the FCC to partially reconsider its dismissal of RM-8763, the League's 1996 petition that sought to strengthen and clarify the limited federal preemption policy governing Amateur Radio antennas known as PRB-1. PRB-1 calls on state and local governments to reasonably accommodate Amateur Radio and apply the least restrictive means to regulate amateur antennas and activity.
In its petition, the ARRL wanted the FCC to prevent states and localities from enacting provisions that frustrate the intent of PRB-1 or make it costly to apply for permission to erect an amateur antenna. In an Order released November 19, the FCC dismissed the petition in its entirety and indicated it was unwilling to go beyond what is already spelled out in PRB-1.
"We continue to believe that the standards the Commission set, that is 'reasonable accommodation' and 'minimum practicable regulation', have worked relatively well," the FCC said in turning down RM-8763. But the dismissal Order did include some wording that could prove beneficial to amateurs.
The League will ask the FCC to reconsider two important aspects of the original petition. At its meeting December 4 in Texas, the ARRL Executive Committee voted to instruct the League's General Counsel to seek reconsideration of the FCC Order regarding the application of PRB-1 to restrictive covenants and to excessive costs that localities might levy or require in order to install an antenna structure.
In its dismissal, the FCC pointed out that PRB-1 excludes restrictive covenants in private contracts as "outside the reach of our limited preemption." The Commission added, however, that it "strongly encourages associations of homeowners and private contracting parties to follow the principle of reasonable accommodation" with respect to Amateur Radio.
In addressing zoning laws and application costs, the FCC dismissal Order asserted that the PRB-1 principles of "reasonable accommodation" and "minimum practicable regulation" already provide sufficient guidance to communities. The Commission said PRB-1 requires localities to craft their zoning ordinances "so that such regulations will not impinge on the needs of amateur operators to engage in amateur communications."
Hoping to take advantage of potentially favorable wording in the FCC dismissal Order, the Executive Committee agreed to have the League fund an appeal in a Florida Amateur Radio tower case. Lenard Persin, WB4HZQ, had applied to Seminole County for a special exception to a 35-foot tower height limit to build an 80-foot tower on his nearly one-acre lot. Initially granted, his application was later denied after a neighbor appealed. Persin appealed in federal court, and the ARRL filed a "friend of the court" brief in the case. On November 2, a US District Court in Florida agreed with the County, saying it had "properly balanced Mr. Persin's interests with the needs of the community."
In its order two weeks later dismissing RM-8763, however, the FCC declared that, given the express language of PRB-1, "it is clear that a 'balancing of interests' approach is not appropriate." PRB-1 says that local regulations involving placement, screening, or height of antennas based on health, safety or aesthetics "must be crafted to accommodate reasonably amateur communications, and to represent the minimum practicable regulation to accomplish the local authority's legitimate purpose."
ARRL President Rod Stafford, W6ROD, has appointed a committee to study how the ARRL provides support for antenna cases. The committee will include ARRL General Counsel Chris Imlay, W3KD; Hudson Director Frank Fallon, N2FF; and Dakota Director-elect Jay Bellows, K0QB.
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