Ham Radio Antenna Bills in Play in Three States

NEWINGTON, CT, Mar 8, 2007 -- Lawmakers in three states -- Arizona, Maryland and Oklahoma -- are considering Amateur Radio antenna bills that would put the essence of the limited federal pre-emption known as PRB-1 into each state's statutes. The Arizona and Maryland bills go a step beyond most PRB-1 legislation. They not only would require that municipal land-use or zoning regulations "reasonably accommodate" Amateur Radio communication per PRB-1, spelled out in the FCC's Amateur Radio rules in §97.15(b), they would extend the same protections to homeowners in certain private communities where deed covenants, conditions and restrictions (CC&Rs) apply.

The Arizona amateur antenna bill, House Bill 2595 (HB 2595, as introduced) calls for "reasonable heights and dimensions for accommodation of Amateur Radio station emergency service communications antennae and structures." After stripping a provision to exempt Amateur Radio licensees from the $25 vanity license plate fee from the bill, the Arizona House Appropriations Committee voted out the measure with a "do pass" recommendation.

Arizona ARRL State Government Liaison Ingo Radicke, WA7KUM, says State Sen Jake Flake has agreed to sponsor the bill in the Arizona Senate. Arizona Section leadership has called on members to seek their state lawmakers' support of HB 2595. Among those promoting the bill's passage is the mayor of the City of Page, Dan Brown, NA7DB.

In Maryland, essentially identical bills are under consideration in both legislative chambers: House Bill 941 (HB 941) and Senate Bill 68 (SB 68). These measures would require local zoning authorities to comply with the PRB-1 limited federal pre-emption calling on municipalities to "reasonably accommodate Amateur Radio communication." The bills' provisions also would apply to homeowners' associations (HOAs) that have not already enacted antenna restrictions by the time the bill becomes law, and HOAs could not impose such restrictions after that date.

Affected HOAs would not be permitted to "restrict or prohibit the design, placement, screening, height or use of Amateur Radio equipment on the property of lot owners." The measure would exempt HOAs having antenna restrictions in place when the bill goes into effect, however.

Among other things, the Maryland bills' preambles cite the value of Amateur Radio to the public welfare, pointing out its "invaluable emergency radio communication services in the state and across the United States before, during and after floods, hurricanes, tornadoes, forest fires, earthquakes, blizzards, train accidents, chemical spills and other disasters."

In Oklahoma, House Bill 1037 (HB 1037) has moved out of the General Government and Transportation Committee with a "do pass" recommendation and onto the floor of the House, where it will be scheduled for a vote. The measure provides that municipal ordinances regulating Amateur Radio antennas or antenna support structures shall comply with §97.15(b) "by allowing for the erection of an Amateur Radio antenna or an Amateur Radio antenna support structure at a height and dimension sufficient to accommodate Amateur Radio service communications."

ARRL Oklahoma Section leadership has called on League members there to contact their state lawmakers urging their support for HB 1037. The measure already has a sponsor in the Oklahoma Senate.

To date, 23 states have adopted PRB-1 legislation. PRB-1 does not specify a minimum height below which local governments may not regulate but does require reasonable accommodation, but four states -- Alaska, Wyoming, Virginia and Oregon -- enacted legislation that specifies heights below which municipalities may not regulate.

Previous: Cooperation Rules as Radio Amateurs "Down Under" Confront BPL Interference

Next: Diamond Terrace Invites Members to Engrave Call Signs in Stone