WA7CS
02-09-2003, 05:07 PM
One of the most influential Lobbys in Washington State is opposed to the proposed legislation that would exempt Ham antennas from arbitrary height limitations.
The Association of Washington Cities (AWC) is working hard against Senate Bill SB5200.
Washington State Amateurs should immediately contact their congressman, and especially local elected city officials to express their outrage at the AWC position.
Believe me, I know the value of input to elected officials. I am an Elected member of the Pasco Washington City Council.
Below is a short note I recently sent to Stan Finkelstein, (Director of AWC) expressing my dismay at their opposition to common sense Amateur Antenna legislation.
Carl Strode
WA7CS
Stan,
AWC's Opposition to SB5200 is not appropriate, nor is the brief analysis as presented in the January 24 edition of the Legislative Bulletin, accurate.
As a Councilmember in Pasco, I can certainly attest to the fact that the City of Pasco, and its Council is NOT opposed to SB5200. As a matter of fact, a few years ago the City of Pasco enacted legislation to prevent arbitrary height limitations from being placed upon Amateur Radio antennas. There is no maximum height limitation for any Amateur radio station imposed by the City of Pasco, and any Amateur Radio antenna below a height of 85 feet is exempt from any automatic examination, review, or permitting.
This action was taken subsequent to and in support of the FCC PRB-1 ruling (the limited federal preemption of municipal land use regulations for Amateur Radio installations), and in full knowledge and appreciation of the vital mission performed by the Amateur Radio Community. I refer you also to public law 103-408 (text below), demonstrating the high esteem in which the Congress of the United States holds the Amateur Radio Community.
A common misperception exists regarding the effectiveness of public communications means in times of emergency. Many believe that cellular telephones and private commercial radio systems will function properly in times of the most critical need. Conversely, it is when emergencies occur that these systems experience the highest rate of failure. Overloaded circuits, failed public power sources, and very limited emergency power supplies invariably render comunications impossible. The very nature of Amateur Radio eliminates these common mode failures. Each Amateur Radio station is fully independent and able to function autonomously in times of local or national emergency.
Regarding your "interference" argument; that in itself is totally without merit. On the contrary, restricting antenna design will have exactly the opposite effect. Efforts by municipalities or states to regulate radio frequency interference (RFI) is not only ineffective, but it is an obvious violation of Federal Law. Please review public Law 97-259 ( excerpts have been provided below for your information).
Stan, in the hope of preserving and protecting the Public Health and Safety in these trying times, I urge you and AWC to support SB5200.
////////////////////////////////////////////////////////////
Public Law 103-408--Joint Resolution of Congress to Recognize the
Achievements of Radio Amateurs as Public Policy
Public Law 103-408--Oct. 22,
1994
Public Law 103-408
103d Congress
Joint Resolution
To recognize the achievements of radio amateurs, and to establish
support for such amateurs as national policy.
Whereas Congress has expressed its determination in section 1 of the
Communications Act of 1934 (47 U.S.C. 151) to promote safety
of life and property through the use of radio communication;
Whereas Congress, in section 7 of the Communications Act of 1934 (47
U.S.C. 157), established a policy to encourage the provision
of new technologies and services;
Whereas Congress, in section 3 of the Communications Act of 1934,
defined radio stations to include amateur stations operated by
persons interested in radio technique without pecuniary interest;
Whereas the Federal Communications Commission has created an
effective regulatory framework through which the amateur radio
service has been able to achieve the goals of the service;
Whereas these regulations, set forth in Part 97 of title 47 of the
Code of Federal Regulations clarify and extend the purposes of the
amateur radio service as a--
(1) voluntary noncommercial communication service, particularly
with respect to providing emergency communications;
(2) contributing service to the advancement of the
telecommunications infrastructure;
(3) service which encourages improvement of an individual's
technical and operating skills;
(4) service providing a national reservoir of trained operators,
technicians and electronics experts; and
(5) service enhancing international good will;
Whereas Congress finds that members of the amateur radio service
community has provided invaluable emergency communications
services following such disasters as Hurricanes Hugo, Andrew, and
Iniki, the Mt. St. Helens Eruption, the Loma Prieta earthquake,
tornadoes, floods, wild fires, and industrial accidents in great
number and variety across the Nation; and
Whereas Congress finds that the amateur radio service has made a
contribution to our Nation's communications by its crafting, in
1961, of the first Earth satellite licensed by the Federal
Communications Commission, by its proof-of-concept for search rescue
satellites, by its continued exploration of the low Earth orbit in
particular pointing the way to commercial use thereof in the 1990s, by
its pioneering of communications using reflections from meteor
trails, a technique now used for certain government and commercial
communications, and by its leading role in development of low-cost,
practical data transmission by radio which increasingly is being
put to extensive use in, for instance, the land mobile service: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United States
of America in Congress assembled,
SECTION 1. FINDINGS AND DECLARATIONS OF CONGRESS
Congress finds and declares that--
(1) radio amateurs are hereby commended for their contributions
to technical progress in electronics, and for their emergency
radio communications in times of disaster;
(2) the Federal Communications Commission is urged to continue
and enhance the development of the amateur radio service as a
public benefit by adopting rules and regulations which encourage
the use of new technologies within the amateur radio service;
and
(3) reasonable accommodation should be made for the effective
operation of amateur radio from residences, private vehicles and
public areas, and that regulation at all levels of government
should facilitate and encourage amateur radio operation as a public
benefit.
Approved October 22, 1994.
//////////////////////////////////////////////////
Only the FCC has jurisdiction over interference! Municipal zoning
authorities, including local law enforcement officials, do not have
that authority.
As with restrictive antenna ordinances, the FCC, through a directive
from Congress, has preempted any concurrent state or local regulation
of RFI pursuant to the provisions of '302(a) of the Communications Act
of 1934, as amended. The legal cite is: 47 USC '302(a) and it
provides that the:
Commission may, consistent with the public interest,
convenience, and necessity, make reasonable regulations (1) governing
the
interference potential of devices which in their operation are
capable of emitting radio frequency energy by radiation,
conduction, or other means in sufficient degree to cause harmful
interference to radio communications; and (2) establishing
minimum performance standards for home electronic equipment and
systems to reduce their susceptibility to interference from
radio frequency energy. Such regulations shall be applicable to
the manufacture, import, sale, offer for sale, or shipment of such
devices and home electronic equipment and systems, and to the
use of such devices.
The legislative history of '302(a) provides explicitly that the
Commission has exclusive authority to regulate radio frequency
interference
(RFI). In its Conference Report No. 97-765, Congress declared:
The Conference Substitute is further intended to clarify the
reservation of exclusive jurisdiction to the Federal Communications
Commission over matters involving RFI. Such matters shall not be
regulated by local or state law, nor shall radio transmitting be
subject to local or state regulation as part of any effort to
resolve an RFI complaint.
The legal cite for this report is: H.R. Report No. 765, 97th Cong., 2d
Sess. 33 (1982), reprinted at 1982 U.S. Code Cong. & Ad News
2277.
State laws and local ordinances that require amateurs to cease
operations or incur penalties as a consequence of radio interference
thus
have been entirely preempted by Congress. This was written by then-FCC
General Counsel Robert L. Pettit in a letter dated February 14,
1990 to ARRL General Counsel Chris Imlay, W3KD
The Association of Washington Cities (AWC) is working hard against Senate Bill SB5200.
Washington State Amateurs should immediately contact their congressman, and especially local elected city officials to express their outrage at the AWC position.
Believe me, I know the value of input to elected officials. I am an Elected member of the Pasco Washington City Council.
Below is a short note I recently sent to Stan Finkelstein, (Director of AWC) expressing my dismay at their opposition to common sense Amateur Antenna legislation.
Carl Strode
WA7CS
Stan,
AWC's Opposition to SB5200 is not appropriate, nor is the brief analysis as presented in the January 24 edition of the Legislative Bulletin, accurate.
As a Councilmember in Pasco, I can certainly attest to the fact that the City of Pasco, and its Council is NOT opposed to SB5200. As a matter of fact, a few years ago the City of Pasco enacted legislation to prevent arbitrary height limitations from being placed upon Amateur Radio antennas. There is no maximum height limitation for any Amateur radio station imposed by the City of Pasco, and any Amateur Radio antenna below a height of 85 feet is exempt from any automatic examination, review, or permitting.
This action was taken subsequent to and in support of the FCC PRB-1 ruling (the limited federal preemption of municipal land use regulations for Amateur Radio installations), and in full knowledge and appreciation of the vital mission performed by the Amateur Radio Community. I refer you also to public law 103-408 (text below), demonstrating the high esteem in which the Congress of the United States holds the Amateur Radio Community.
A common misperception exists regarding the effectiveness of public communications means in times of emergency. Many believe that cellular telephones and private commercial radio systems will function properly in times of the most critical need. Conversely, it is when emergencies occur that these systems experience the highest rate of failure. Overloaded circuits, failed public power sources, and very limited emergency power supplies invariably render comunications impossible. The very nature of Amateur Radio eliminates these common mode failures. Each Amateur Radio station is fully independent and able to function autonomously in times of local or national emergency.
Regarding your "interference" argument; that in itself is totally without merit. On the contrary, restricting antenna design will have exactly the opposite effect. Efforts by municipalities or states to regulate radio frequency interference (RFI) is not only ineffective, but it is an obvious violation of Federal Law. Please review public Law 97-259 ( excerpts have been provided below for your information).
Stan, in the hope of preserving and protecting the Public Health and Safety in these trying times, I urge you and AWC to support SB5200.
////////////////////////////////////////////////////////////
Public Law 103-408--Joint Resolution of Congress to Recognize the
Achievements of Radio Amateurs as Public Policy
Public Law 103-408--Oct. 22,
1994
Public Law 103-408
103d Congress
Joint Resolution
To recognize the achievements of radio amateurs, and to establish
support for such amateurs as national policy.
Whereas Congress has expressed its determination in section 1 of the
Communications Act of 1934 (47 U.S.C. 151) to promote safety
of life and property through the use of radio communication;
Whereas Congress, in section 7 of the Communications Act of 1934 (47
U.S.C. 157), established a policy to encourage the provision
of new technologies and services;
Whereas Congress, in section 3 of the Communications Act of 1934,
defined radio stations to include amateur stations operated by
persons interested in radio technique without pecuniary interest;
Whereas the Federal Communications Commission has created an
effective regulatory framework through which the amateur radio
service has been able to achieve the goals of the service;
Whereas these regulations, set forth in Part 97 of title 47 of the
Code of Federal Regulations clarify and extend the purposes of the
amateur radio service as a--
(1) voluntary noncommercial communication service, particularly
with respect to providing emergency communications;
(2) contributing service to the advancement of the
telecommunications infrastructure;
(3) service which encourages improvement of an individual's
technical and operating skills;
(4) service providing a national reservoir of trained operators,
technicians and electronics experts; and
(5) service enhancing international good will;
Whereas Congress finds that members of the amateur radio service
community has provided invaluable emergency communications
services following such disasters as Hurricanes Hugo, Andrew, and
Iniki, the Mt. St. Helens Eruption, the Loma Prieta earthquake,
tornadoes, floods, wild fires, and industrial accidents in great
number and variety across the Nation; and
Whereas Congress finds that the amateur radio service has made a
contribution to our Nation's communications by its crafting, in
1961, of the first Earth satellite licensed by the Federal
Communications Commission, by its proof-of-concept for search rescue
satellites, by its continued exploration of the low Earth orbit in
particular pointing the way to commercial use thereof in the 1990s, by
its pioneering of communications using reflections from meteor
trails, a technique now used for certain government and commercial
communications, and by its leading role in development of low-cost,
practical data transmission by radio which increasingly is being
put to extensive use in, for instance, the land mobile service: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United States
of America in Congress assembled,
SECTION 1. FINDINGS AND DECLARATIONS OF CONGRESS
Congress finds and declares that--
(1) radio amateurs are hereby commended for their contributions
to technical progress in electronics, and for their emergency
radio communications in times of disaster;
(2) the Federal Communications Commission is urged to continue
and enhance the development of the amateur radio service as a
public benefit by adopting rules and regulations which encourage
the use of new technologies within the amateur radio service;
and
(3) reasonable accommodation should be made for the effective
operation of amateur radio from residences, private vehicles and
public areas, and that regulation at all levels of government
should facilitate and encourage amateur radio operation as a public
benefit.
Approved October 22, 1994.
//////////////////////////////////////////////////
Only the FCC has jurisdiction over interference! Municipal zoning
authorities, including local law enforcement officials, do not have
that authority.
As with restrictive antenna ordinances, the FCC, through a directive
from Congress, has preempted any concurrent state or local regulation
of RFI pursuant to the provisions of '302(a) of the Communications Act
of 1934, as amended. The legal cite is: 47 USC '302(a) and it
provides that the:
Commission may, consistent with the public interest,
convenience, and necessity, make reasonable regulations (1) governing
the
interference potential of devices which in their operation are
capable of emitting radio frequency energy by radiation,
conduction, or other means in sufficient degree to cause harmful
interference to radio communications; and (2) establishing
minimum performance standards for home electronic equipment and
systems to reduce their susceptibility to interference from
radio frequency energy. Such regulations shall be applicable to
the manufacture, import, sale, offer for sale, or shipment of such
devices and home electronic equipment and systems, and to the
use of such devices.
The legislative history of '302(a) provides explicitly that the
Commission has exclusive authority to regulate radio frequency
interference
(RFI). In its Conference Report No. 97-765, Congress declared:
The Conference Substitute is further intended to clarify the
reservation of exclusive jurisdiction to the Federal Communications
Commission over matters involving RFI. Such matters shall not be
regulated by local or state law, nor shall radio transmitting be
subject to local or state regulation as part of any effort to
resolve an RFI complaint.
The legal cite for this report is: H.R. Report No. 765, 97th Cong., 2d
Sess. 33 (1982), reprinted at 1982 U.S. Code Cong. & Ad News
2277.
State laws and local ordinances that require amateurs to cease
operations or incur penalties as a consequence of radio interference
thus
have been entirely preempted by Congress. This was written by then-FCC
General Counsel Robert L. Pettit in a letter dated February 14,
1990 to ARRL General Counsel Chris Imlay, W3KD