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 Previous: Space&Beyond: The First Repeater in the Sky |  Next: In Brief |
NEWINGTON, CT, Mar 6, 2002--New Mexico has become the 14th state to adopt an Amateur Radio antenna bill based on the limited federal preemption known as PRB-1. Gov Gary Johnson signed House Bill 314 on March 5 after it easily passed both houses of the New Mexico Legislature last month with little fanfare. It becomes law July 1.
Named The Emergency Communication Preservation Act and sponsored by Rep Mimi Stewart and Sen Ramsay Gorham, the bill stipulates that municipal or county ordinances regulating Amateur Radio antennas "shall not obstruct or preclude amateur radio service communications" and "shall reasonably accommodate amateur radio service communications." The bill further provides that antenna structures "may be erected at heights and dimensions sufficient to accommodate amateur radio service communications," but it does not include minimum regulatory heights.
The bill exempts Amateur Radio "antenna towers" constructed prior to the effective date of the legislation from subsequent changes in zoning regulations by the municipality or county and may be repaired as required.
As is the case with most PRB-1 bills, municipalities or counties in New Mexico will still be able to require Amateur Radio antennas or support structures to meet screening, setback and placement, construction and health and safety standards. Such regulation "must be the minimum practicable regulation to accomplish the local municipality's or county's purpose," however. HB 314 was drafted specifically to apply only to Amateur Radio antennas and structures, not Citizens Band or commercial antennas.
New Mexico ARRL Section Manager Joe Knight, W5PDY, says that Mike Stuart, AC5ZO, an ARRL member from Corrales, deserves much of the credit for getting the New Mexico PRB-1 bill through the legislature--a feat that required considerable political footwork. Stuart had submitted a much stronger bill for consideration by last year's legislative session, but it was not introduced. He tried again during the short special session last month, and--after revisions--it passed both houses February 13 with just two opposing votes. Even more remarkable was the fact that the short session typically only deals with appropriations bills.
"Bernalillo County, which contains Albuquerque, and one anti-development community group near Albuquerque opposed the bill," said Stuart, who is president of the Albuquerque DX Association. "For years Albuquerque has allowed ham towers of 65 feet, but in 1999, Bernalillo County enacted a virtual ban on new ham towers by restricting tower construction to commercial zones." He said that while local lawmakers "were fully aware of PRB-1," they considered commercial zoning to be reasonable accommodation. "There is not a single case where special commercial zoning was granted for an amateur operator," Stuart said.
As originally worded, the bill included a schedule of three minimum regulatory tower heights based on population density. It also touched on the issue of restrictive covenants--CC&Rs. Stuart explained that the governor must approve all bills for filing during the short special session, and he initially had accepted Stuart's measure. But shortly before the session, the governor withdrew his support. "He absolutely refused to allow specific tower height definitions that would take away the regulatory power of the local authorities," Stuart said. After what he called "a contentious month of negotiating with the governor about wording," Stuart deleted the tower height schedule and redrafted the measure to simply mirror PRB-1.
Stuart said he started a statewide e-mail reflector to inform the amateur community of the bill's progress and setbacks. With more than 180 recipients, he said, the reflector allowed for coordinated activities by the hams and a directed volume of e-mail to inform legislators and other elected officials about emergency communications. Stuart said updates also were posted on club Web sites, and New Mexico amateurs were encouraged to visit their legislators, send e-mail, write letters, and make telephone calls in support of the bill.
"The opposition groups did not go to the legislative sessions and aggressively lobby against the bill," Stuart said, adding that those against the measure "seemed to focus most of their attention on the governor." Several amateurs went to Santa Fe to speak on behalf of the legislation during three committee hearings.
Stuart said that while all involved had hoped to have a more powerful amateur antenna bill, "the practical and political realities dictated otherwise." He said that by mirroring PRB-1, "it will be less likely that local governments can ignore the state and federal laws combined." The e-mail reflector continues in operation to permit discussion of local zoning and other amateur antenna regulatory issues in New Mexico, he said.
Knight said Amateur Radio's assistance during the Los Alamos fires "got the governor's attention," but getting the bill through the legislature involved assistance and support from hams all over the state. "We all worked together in getting the bill through," Knight said.
A copy of the New Mexico PRB-1 Bill, HB 314, is available on the New Mexico Legislature Web site.
Amateur Radio antenna legislation is scheduled to be signed in West Virginia this week. Another bill awaits the governor's signature in Wisconsin, a PRB-1 bill recently was introduced in Tennessee and similar measures have been proposed for introduction in other states.
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