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ARRL Bulletin 9
From ARRL Headquarters
Newington CT, February 15, 1996

PRB-1 change sought

The ARRL wants the FCC to take additional steps to compel state and local governments to make reasonable accommodation for Amateur Radio under PRB-1 and apply the least restrictive means to regulate amateur antennas and activity. In a Petition for Rule- making filed February 7, the League calls on the FCC to amend Section 97.15(e) to say that any state or local ordinances restricting ham radio antennas to heights below 70 feet would be presumed unreasonable, unless the state or local authority could show its restrictions support a clearly defined health, safety or aesthetic objective. State and local governments also could not impose substantial application costs on amateur service licensees.

The League also wants the FCC to acknowledge that it has an interest in the effective performance of Amateur Radio stations in areas regulated by deed restrictions or restrictive covenants rather than by local zoning ordinances.

The League says clarifying the preemption policy (PRB-1) would help guide municipalities to enact provisions that make fair accommodation for amateurs and avoid highly divisive litigation between hams and localities.

Under the suggested changes, state and local governments could apply to the Commission for a full or partial waiver of the amended rules in unusual circumstances.

The FCC has not assigned a rule-making petition (RM) number.

Here is the suggested wording of Section 97.15(e) the petition requests:

  1. State and local regulation of a station antenna structure must not preclude amateur service communications. Rather, it must reasonably accommodate such communications; it must constitute the minimum practicable regulation to accomplish the state or local authority’s legitimate purpose; and it must not impose substantial costs on amateur service licensees.
  2. Any state or local antenna restriction or regulation which, on its face or as applied, would limit amateur station antennas to heights below 70 feet is presumed unreasonable unless the promulgating authority can demonstrate that such regulation is necessary to accomplish a clearly defined, and expressly stated health, safety or aesthetic objective; that there is no less burdensome alternative to the regulation; and that the Federal interest in efficient amateur radio communications from the amateur station at issue is otherwise reasonably accommodated.
  3. Any state or local authority, or other entity that wishes to maintain and enforce zoning, land use or other regulations or restrictions inconsistent with this section may apply to the Commission for a full or partial waiver of this section. Such waivers may be granted by the Commission in its sole discretion, upon a showing by the applicant that local concerns of a highly specialized or unusual nature create an overwhelming necessity for regulation inconsistent with this section. No application for waiver shall be considered unless it includes the particular regulation for which waiver is sought. Waivers granted according to this rule shall not apply to later-enacted or amended regulations by the local authority unless the Commission expressly orders otherwise.
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ARRL Bulletin 11- February 15, 1996 Vanity calls delayed

ARRL has learned that the FCC may delay until mid-1996 the announcement of when it plans to open the first gate or gates of the vanity call sign program. A Commission spokesman says the FCC first wants to deal with remaining Petitions for Reconsideration it has received. The FCC had been expected to announce opening dates early this year.

FCC vanity call sign application Form 610V is now available, but the FCC will not accept completed forms until it opens the appropriate filing gates.

Prospective applicants can get the FCC Form 610V package by writing ARRL, 225 Main Street, Newington, CT 06111. Please include an SASE. Form 610V also is available from the FCC via the Internet at http://www.fcc.gov/Forms/Form610V or ftp://ftp.fcc.gov/pub/Forms/Form610V/, or by fax at 202-418-0177. Ask for Form 006108.

The FCC’s Forms Distribution Center also accepts orders for Form 610V at 800-418- 3676.

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