Kansas passes PRB-1

[KU0DM]

The Kansas State Legislator has passed Kansas House Bill 2805, PRB-1.
The Governor has signed the bill, and it has gone into effect!

Kansas is now the 26th state to pass PRB-1.

This would not have been possible without the work of Miami County ARES, JD Spradling KC0NYS and the rest of the PRB-1 committee.

PRB-1 Committee (http://hamsforkansas.org/id17.html)

The group has set an example for other states of what can be accomplished with a littler determination, the right contacts, and a lot of support!

We thank The 2008 Kansas PRB-1 Committee (http://hamsforkansas.org/id19.html) for showing the true spirit of Kansas Hams!

Congratulation KANSAS you are the 26th State to Pass PRB-1


This venture has been successful because we have had a great TEAM EFFORT all the way through the process from all who stepped up from our State and local Reps to our subject matter experts and the PRB-1 Committee members from Miami County Kansas as well as everyone else who had been proactive in the 2008 Kansas Legislative process for your fellow hams.

Full History on bill 2805

H 2805

Bill by Siegfreid

Establishing the Kansas emergency communications preservation act.

Effective date: 07/01/2008.

02/11/2008 H Introduced -HJ 1357

02/12/2008 H Referred to Elections and Governmental Organization -HJ 1365

02/27/2008 H CR: Be passed by Elections and Governmental Organization -HJ 1452

02/28/2008 H COW: Be passed -HJ 1485

02/29/2008 H FA: Passed; Yeas 123 Nays 0 -HJ 1499

03/04/2008 S Received and introduced -SJ 1386

03/05/2008 S Referred to Utilities -SJ 1388

03/24/2008 S CR: Be passed by Utilities -SJ 1517

03/26/2008 S COW: Be passed -SJ 1609

03/27/2008 S FA: Passed; Yeas 40 Nays 0 -SJ 1636

03/31/2008 H Enrolled and presented to gov. -HJ 1852

04/09/2008 Approved by gov.


73
Kansas you should be PROUD



Thank you, 73--
Duncan, KU0DM

[n0jzq]

Congrats ! Thanks for the info.

[n0uyx]

OK this is all fine and great but the heck is PRB-1?

I try to keep up with the latest stuff so to speak but it becomes overwhealming at times. Considering my situation, my memory loss, PTSD, Depression and fatigue.

So what the heck is it? Thanks for posting a Article and not explaining it.

DE NØUYX
5WPM Extra Class OP
Randall

[KI4LZK]

PRB-1 (http://www.arrl.org/FandES/field/regulations/local/prb-1_program.html) That is a link to the ARRL website on the issue.

[KU0DM]

OK this is all fine and great but the heck is PRB-1?

I try to keep up with the latest stuff so to speak but it becomes overwhealming at times. Considering my situation, my memory loss, PTSD, Depression and fatigue.

So what the heck is it? Thanks for posting a Article and not explaining it.

DE NØUYX
5WPM Extra Class OP
Randall

PRB-1 is a bill/law than when in affect, Amateur Radio antennas can not be restricted by any municipality. It keeps the city, county, STATE even from making your antenna.

While it doesn't affect homeowners associations, it strongly suggests that they DO NOT restrict Amateur Radio antennas.

That's PRB-1 in a nut shell!

[va7aax]

Hey, congrats guys, that is a very big acheivement.ya know, First , it takes so long to get any through the government, Just amazing.

Congrats(times 100..)

73 de va7aax

[w0eb]

KU0DM,
You are correct in that it has passed and that the governor has signed it. However, it does NOT go into effect until July 1, 2008, the date it will be published in the Kansas Statute book. Read the bill fully and you will see the effective date listed as the date published in the statute book. That happens approximately every July 1.

W0EB

[KB4YKJ]

That's more progress even waiting till 1 July than we have in SC where they won't even discuss it.

[w6em]

PRB-1 is a bill/law than when in affect, Amateur Radio antennas can not be restricted by any municipality. It keeps the city, county, STATE even from making your antenna.

While it doesn't affect homeowners associations, it strongly suggests that they DO NOT restrict Amateur Radio antennas.

That's PRB-1 in a nut shell!

Perhaps Kansas will act differently than Florida has, with respect to having PRB-1 on its books.

I keep telling this story, because Florida passed two Bills that echo PRB-1 in their state statutes. About 10 years ago. However, I had the privilege of witnessing two municipalities in FL ignore those statutes and still, to this day, have height restrictions (32 feet above the crown of the streets) that restrict amateur antennas. Yes, ham antennas ARE distinctly included.

I wrote to the municipality attorneys. To no avail. I wrote to one of the ARRL's volunteer counsel in the West Central Florida section, to no avail.
Also, of course the then-Southeastern Director and Newington. Also, to no avail.

They don't care about blatant codified violations.

So, my advice to Kansans, don't expect much to change. And, if it doesn't, ARRL won't be there to assist in getting regulations and ordinances that are clearly in conflict reworded or declared null and void.

Yes, nice to wave the flag about the achievement, but if the ARRL doesn't enforce it via court action against those municipalities and counties with conflicting codes and ordinances, it is worthless....... Pretty much my summation of the ARRL in the matter of PRB-1 as well.

If anyone's interested, the two places are Anna Maria and Holmes Beach.

73.

[KU0DM]

KANSAS PRB-1 PRESS RELEASE

Kansas Emergency Communication Preservation Act // House bill 2805



On April 9th 2008, Kansas Governor Kathleen Sebelius signed House Bill 2805 the Kansas Emergency Communication Preservation Act into law which makes Kansas the 26th State to do so. PRB-1 or HB 2805 does not set new legal precedent. It simply assures that Kansas state law reflects the federal rules regarding Amateur Radio Stations at no cost to the state or its citizens.


Kansas has always been in the forefront of needed change. HB 2805 is the amateur radio communities’ best effort to show Kansas and its citizens that we will continue to stand ready with our EMERGENCY COMMUNICATIONS in times of devastation.

A VERY SPECIAL THANKS TO
Arlen Siegfreid

Kansas House Republican
District 15

Email: siegfreid@sbcglobal.net
Fax: 913-764-5083

Olathe KS

For PROVEN LEADERSHIP & GREAT CONCERN for the CITIZENS of KANSAS in times of Disaster.

When our elected officials go above and beyond what is expected of them, they to should be congratulated for an out standing job for great leadership and for knowing what is needed, and 15th District Kansas State Rep Arlen Siegfreid is one such leader from Johnson County Kansas who answered the call. Arlen introduced HB 2805 on 02/11/08 then referred to the House Elections and Governmental Organization from there on 02/25/08. Nine concerned proponents stepped up to testify on behalf of the amateur radio community a few days later and on 02/29/08, a final vote of YEAS 123 NAYS 0 filled the air waves. The Senate received and introduced HB 2805, which then was sent to the Senate Utilities Committee on 03/05/08. Less than a week later on 03/12/08, nine proponents again testified on behalf of HB 2805. With deadlines getting closer, the Senate Utilities Committee voted and passed HB 2805 on 03/27/08 with a vote of YEAS 40 NAYS 0. Now just one signature away from being a reality, PRB-1 was enrolled and presented to the Governor on 03/31/08. That reality turned into VICTORY for all Kansas Amateur Radio Station Operators on 04/09/08 when our Kansas Governor signed HB 2805 into law.

Our PRB-1 website www.hamsforkansas.org will continue to be online and used as a LEGISATIVE INFORMATIONAL HUB for Kansas and the ARRL Midwest Division. The intent of this offering is to pull all resources together in order to better assist in PRB-1 matters or any other problems that may come up in your radio world. If you have any questions or concerns contact our PRB-1 Committee contact info below.

How did we do it you ask, first you must have a will to succeed ONLY then the planning process kicks in while you pick your dream team & finding the right person for the job. The rest is NOW HISTORY. The Kansas EMCOMM DREAM TEAM is listed below. This venture was a success because we had a TEAM EFFORT from start to finish TOP to BOTTOM.

You’re Kansas PRB-1 Committee & others that have assisted greatly in this process are as follows:

Special thanks goes out to the all members of the Full Kansas House & Senate for rendering a unanimous vote & the Governors signature. And to Rod Richardson WA0HHX & Don Whitney KC0WTT for being our LEGAL subject matter experts. This legislation could not have happen with out these two professional. Great thanks to Jill & Jim Quigley K0JQ for tracking and informational updates on HB 2805.


We have had our own walk with us through this process Senator Pat Apple and House Rep Gene Vickery thank you for doing your part in this journey for others.

DSC05630. Proponents who testified in the House Utilities Committee on 02/25/08. Names reading right to left. Rod Richardson, Bruce Cassada, Don Whitney, Bruce Frahm, Dave Jacobs, Brian Short, Dee Smith, Steve Carriger, JD Spradling.

P1010065 Proponents who testified in the Senate Elections & Governmental Organization Committee on 03/12/08 Names read right to left. Rod Richardson, Don Whitney, Bruce Cassada, Dee Smith, Steve Carriger, Dave Jacobs, Brian Short, JD Spradling, Tom Laux.


I would like to say now that it has truly been an honor to be part of this needed legislation in the times we live and proud to work with such professional in a amateur world. Continue to be ready to answer the call when our needed expertise will be called upon in short order. WHY because that is what a HOMELAND SECURITY EMERGENCY COMMUNICATIONS FIRST RESPONDER does.

73

JD Spradling KCEM

W0EB, thanks for the correction.

[VE1IDX]

OK this is all fine and great but the heck is PRB-1?

I try to keep up with the latest stuff so to speak but it becomes overwhealming at times. Considering my situation, my memory loss, PTSD, Depression and fatigue.

So what the heck is it? Thanks for posting a Article and not explaining it.

DE NØUYX
5WPM Extra Class OP
Randall

Nothing new. It's been around for over 20 years.Some states are just slower than others to ratify it.

Quote from the ARRL website:



"By October 1983, the ARRL Board of Directors reviewed the adverse court decisions and recognized that antenna restrictions would continue to be a major stumbling block unless a statement of federal preemption emerged from the FCC. On July 16, 1984, the League filed a formal request asking the FCC to issue a declaratory ruling that would declare void all local ordinances that preclude or significantly inhibit effective, reliable amateur communications. Hundreds of comments were filed when the FCC established a pleading cycle, labeled PRB-1 ("PRB" being the designation for the FCC's Private Radio Bureau, the bureau in the FCC's internal organization that handled Amateur Radio matters at that time. It has been replaced by the Wireless Telecommunications Bureau). Comments were filed by amateurs, zoning authorities and city planners.
September 19, 1985, was a red-letter day in the history of Amateur Radio, as the FCC issued its now-famous PRB-1 declaratory Memorandum Opinion and Order, which says, in pertinent part, that "state and local regulations that operate to preclude amateur communications in their communities are in direct conflict with federal objectives and must be preempted."
May 31, 1989, marked another milestone when the Commission adopted the revised and reorganized Part 97. The new rules codify the essence of the PRB-1 ruling: ". . . State or local regulation of amateur antennas may not preclude, but must reasonably accommodate, such communications, and must constitute the minimum practicable regulation to accomplish the local authority's legitimate purpose. " [97.15(e)]. The specific holding of PRB-1 has been of extreme benefit to amateurs and, with a few exceptions, has encouraged open cooperation and dialogue between the communities seeking to regulate amateur antennas and amateurs. Now that important language of PRB-1 has been incorporated into the FCC rules, the federal interest and official FCC policy with respect to amateur communications can be more easily demonstrated to municipal officials who need to be educated by you and your fellow hams."

[N9MOQ]

Perhaps I am just crazy. Correct me if I am wrong. I always thought PRB-1 was an FCC ruling on the federal level so no states could restrict that which is defined in PRB-1.

Why would any states waste time passing redundant laws that are already on a nationwide federal level?

Unless the states are passing versions that give us even more rights than the existing federal PRB-1, there would be no reason to celebrate what has already been in effect for all states.

Sort of like a state making a law that you need a passport in order to enter the country.

Doing a quick search found this:

Pursuant to its zoning ordinance, the City of Mendota Heights, Minnesota, denied Sylvia Pentel, an amateur radio operator, permission to erect a 68-foot radio antenna tower in her yard. Pentel then sued the city, claiming that the zoning ordinance was preempted by a Federal Communications Commission ruling known as PRB-1, which requires the city reasonably to accommodate her amateur communications.

[w6em]

Perhaps I am just crazy. Correct me if I am wrong. I always thought PRB-1 was an FCC ruling on the federal level so no states could restrict that which is defined in PRB-1.

Why would any states waste time passing redundant laws that are already on a nationwide federal level?

Unless the states are passing versions that give us even more rights than the existing federal PRB-1, there would be no reason to celebrate what has already been in effect for all states.

Sort of like a state making a law that you need a passport in order to enter the country.

Doing a quick search found this:

Pursuant to its zoning ordinance, the City of Mendota Heights, Minnesota, denied Sylvia Pentel, an amateur radio operator, permission to erect a 68-foot radio antenna tower in her yard. Pentel then sued the city, claiming that the zoning ordinance was preempted by a Federal Communications Commission ruling known as PRB-1, which requires the city reasonably to accommodate her amateur communications.

The problem is, city and county attorneys are "on board" and don't cost them any more to litigate. They can get away with fining you, harassing you and such, and what do you have to do to defend yourself? Hire a VERY expensive attorney.

Another problem is that even if you do prevail, as in the ham in Texas who spent 30K of his own funds just to do that, the darn federal court wouldn't award him his attorney fees because the judge felt sorry for the city/county.

The idea of going around getting PRB-1 in state statutes is ARRL's. Its really nothing but a big publicity stunt. The ARRL is not defending hams when governments prosecute individual hams. It clearly should be.

Or, better yet, it should identify those local and regional governments, like the two Florida examples I cited earlier, and take them to court to get the ordinances overturned. Now, THAT would be something worth publicizing.

Individual hams should not have to suffer by having to spend $30-50K to defend themselves in court cases to be able to put up a reasonable structure outside of a deed-restricted subdivision.

73.

[kd0afk]

What does PRB stand for?

[n6hcm]

Kansas is now the 26th state to pass PRB-1.


which other states have passed a PRB-1 statute?

[w6em]

which other states have passed a PRB-1 statute?

A few.

A more pertinent question (of the rah-rah crowd in Newington) might be: How many of these "PRB-1 Clones" have been used thus far to SLAM DOWN or DECLARE NULL AND VOID local ordinances and restrictions so that amateurs don't have to spend a small fortune fighting them in court?

The most likely answer: Z-E-R-O

As I said earlier, ARRL should be going about filing lawsuits to get any and all ofthe ordinances stricken in states that have PRB-1 codified. But, they're not.

I made an example (purposefully) of two Florida municipalities with ridiculous restrictions still on their books in spite of Florida's enactment of a "PRB-1 Clone" many years ago.

ARRL was reminded of this many times. All to no avail.

Probably the best thing you can all do is to write your ARRL Division Director and express your desire that ARRL take action against local ordinances. Perhaps if enough of them hear from you, something will happen.

73.

[kd0afk]

So, what does PRB stand for?

[w6em]

So, what does PRB stand for?

Try reading VE1RDX's quote at the top of the page.

[kd0afk]

Sorry about that. Just saw it. Thanks.

[WY0X]

I wrote to the municipality attorneys. To no avail. I wrote to one of the ARRL's volunteer counsel in the West Central Florida section, to no avail.
Also, of course the then-Southeastern Director and Newington. Also, to no avail.

They don't care about blatant codified violations.


Until someone comes along with enough money, time, and attorneys to strike the law down by way of preemption, you're correct. But the municipal laws will be judged against sooner or later.

There's all sorts of un-enforceable laws on the books. Fact of life.