From:

The ARRL Letter
Vol. 26, No. 10
March 9, 2007




==HAM RADIO ANTENNA BILLS IN PLAY IN THREE STATES

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

http://www.arrl.org/FandES/field/reg..._Pkg/prb-1.pdf

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 accommo-
date" Amateur Radio communication per PRB-1, spelled out in FCC's
Amateur Radio rules in §97.15(b), they would extend the same protec-
tions to certain private communities where deed covenants, condi-
tions and restrictions (CC&Rs) apply.

The Arizona amateur antenna bill, House Bill 2595

http://www.azleg.gov/legtext/48leg/1r/bills/hb2595p.pdf

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. The bill already has a Senate sponsor.

In Maryland, essentially identical bills are under consideration in
both legislative chambers: House Bill 941

http://mlis.state.md.us/2007RS/bills/hb/hb0941f.pdf

and Senate Bill 68

http://mlis.state.md.us/2007RS/bills/sb/sb0068f.pdf.

These measures wouldrequire 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.

Affected HOAs would not be permitted to "restrict or prohibit the
design, placement, screening, height or use of Amateur Radio equip-
ment 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 radiocommunication 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

http://webserver1.lsb.state.ok.us/20...B1037_HFLR.RTF

has been voted out of committee with a "do pass" recommendation and
onto House floor for a vote. The measure provides that municipal
ordinances shall comply with §97.15(b) by permitting Amateur Radio
antennas or antenna support structures "at a height and dimension
sufficient to accommodate Amateur Radio servicecommunications." The
measure already has a sponsor in the Oklahoma Senate.

To date, 23 states have adopted PRB-1 legislation

http://www.arrl.org/field/regulations/statutes.htm.

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.