"The Government may, however, regulate the content of constitutionally
protected speech in order to promote a compelling interest if it chooses the
least restrictive means to further the articulated interest"

(Sable Communication V FCC). The court in Howard ruled that the ordinance
was in fact legal because it had the city's "compelling interest" and was
"least restrictive mean".

The reason many courts rule in favor of the city like in Howard is the
simple notion that a antenna and tower are not part of the radio apparatus.
A since it is not part of the radio apparatus it falls with in the
regulatory realm of the local government. You can ask any judge and they
will tell you the same thing. As for 42 USC 1983 in Orin Snook vs. The City
of Missouri City Texas the court stated that 42 USC 1983 only applied to
federal agencies and that Orin Snook like Howard wasn't entitled to it.

In other words you are not a lawyer but you like to play one in
public....

A pity that that "member of the House Subcommittee on
Telecommunication" doesn't get his/her advice from real
communications attorneys who. like myself, have no other axe to
grind except to support quality communication regulation and
compliance therewith

I don't play "lawyer" I'm someone from his district who has a compelling
interest in radio. After all, unless you forgot it's the "public airwaves"
and those who are in the public should have a right to address some
concerns. As for being a lawyer..I could be one, I am intelligent enough to
become one however, I'm right now looking to possibly get my degree in
physics.



Todd N9OGL




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