Amateur Radio Antenna Bill in Play in Vermont

The Vermont State House in Montpelier.

NEWINGTON, CT, Feb 5, 2004--Vermont amateurs are hoping their state will be the 21st to adopt Amateur Radio antenna legislation based on the limited federal preemption known as PRB-1. A bill in the Vermont House, H.602, not only would incorporate the essence of PRB-1's stance that local governments must "reasonably accommodate" Amateur Radio communication with "minimal practicable regulation," it would include a schedule of minimum regulatory heights for antenna structures. Sponsored by Rep Ira Trombley of Grand Isle, H.602 has been referred to the House Local Government Committee.

"We need you to contact your local state representative and state senator and ask them to support and/or cosponsor House Bill H.602," Vermont ARRL Section Manager Paul Gayet, AA1SU, said in a letter to all Vermont hams. "We need to get it out of committee and onto the House floor." Gayet says Trombley already has testified on behalf of the bill in committee, and the legislative pace is picking up. "Time is of the essence," he said. Gayet points out that even though PRB-1 is a federal ruling, it's to the advantage of amateurs that individual states pass their own versions of PRB-1, so that localities "have a point of reference" in state statutes.

As drafted, H.602 would, in general, prohibit localities from restricting the overall height of an Amateur Radio antenna and associated support structure to less than 75 feet above ground level on lots smaller than one acre. On tracts one acre or larger, the measure would keep municipalities from restricting the height of an Amateur Radio antenna system to "less than that specified in 47 C.F.R. §97.15(a)" of the FCC's Amateur Service rules.

That provision could permit antenna structures of 200 feet or more. While §97.15(a) does not specify a maximum height, it does require owners of structures "located at or near a public airport" to notify the Federal Aviation Administration and register their structures with the FCC if the structure will be more than 200 feet above ground level. Under the proposed legislation, municipalities could not restrict the number of antenna structures for any lot size.

Special provisions would prevail in "duly designated design control or historic districts." There municipalities would be permitted to restrict antennas and associated support structures to overall heights of less than 75 feet, but they could not altogether prohibit ham radio antennas and support structures. In such circumstances, an Amateur Radio antenna and support structure could be at least as tall as "the highest permissible construction in any other location" within the district.

The bill would essentially grandfather all Amateur Radio antennas and support structures constructed prior to the effective date of the proposed law and would permit their repair or replacement without further permitting or municipal review.

PRB-1 does not specify a minimum height below which local governments may not regulate, but some states have adopted Amateur Radio antenna statutes that specify minimum regulatory heights.

Gayet credits ARRL Vermont Volunteer Counsel Trevor Lewis, KD1YT, for drafting the legislation. A copy of the bill is available on the Vermont legislative Web site.

Gayet also distributed information supporting the bill among Green Mountain State amateurs and asked them to forward the fact sheet to their local lawmakers. "Next print it out and mail it to them," he advised. "Follow this up with a nice phone call. Finally, send them a QSL card with a note asking him/her to support H.602. With all the mail that they receive, a QSL card will stand out because it does not look like anything else."

Vermont amateurs may find their local House of Representatives and Senate members by visiting the Vermont Legislature Legislative Directory Web site. To track the progress of the bill, visit The Vermont Legislative Bill Tracking System Web site and type in "H.602".

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