10/24/04

 

Congress continues to recognize, and validate the importance of amateur radio, by enacting laws to protect it, so I would also like to include them in this presentation, because they are also relevant.  Public Law 97-259 In the early days of Amateur Radio, hams were being blamed for the inability of electronic devices to reject unwanted radio signals, and a solution was needed  Public Law 103-408 - To recognize the achievements of radio amateurs, and to establish support for such amateurs as national policy.  Public law 100-594 (S. 1048) "Government agencies shall take into account the valuable contributions made by amateur radio operators when considering actions affecting the Amateur Radio Service."  Omnibus Budget Reconciliation Act (OBRA): "In determining whether a band of frequencies meets the criteria specified in subsection (a)(2), the Secretary shall...seek to avoid...excessive disruption of existing use of Federal Government frequencies by amateur radio licensees..."     PRB-1, the complete 11 page document on the Federal pre-emption of State and local regulations on amateur station antennas. I have been compelled by this law to do my part in educating the Local Governments on PRB-1 by making this presentation. The FCC's PRB-1 document, an 11 page Amateur Radio Memorandum Opinion and Order, was released September 19, 1985. Even though it is from 1985, it is still valid today. The legal cite is 101 FCC 2d 952 (1985) and it can be found on the FCC Web page  View PRB-1 in PDF format (requires adobe acrobat reader)  View PRB-1 in HTML format (will be viewed as a web page)  View PRB-1 in Text format (can open in windows notepad) The Federal Communications Commission rules help to define and protect the amateur radio service, they are the regulatory body assigned by Congress for that purpose.  FCC Rules Governing Amateur Antenna Installations - The FCC Part 97.15, the rules governing amateur's antenna structures. Who is responsible for regulation? What does the FCC say to amateurs about antenna structures?  FCC Preemption of Restrictive Antenna Ordinances and RFI - Understanding who has the responsibility to regulate RFI, or problems with interference to telephones and home entertainment and electronics.   Title 47--Telecommunication - Chapter I - Federal Communications Commission Part 97 - Governing the Amateur Radio Service.  Title 47--Telecommunication - Chapter I - Federal Communications Commission Part 95 - Governing unlicensed equipment that transmits, such cordless phones, car alarms, and other devices.      FCC Letters and information about interference, and RFI  The "Pettit letter" was written to ARRL General Counsel Chris Imlay concerning an ordinance in Pierre, SD that sought to regulate interference. It shows that the local governments can't regulate interference.  The "Haller letter" was written by the FCC on behalf of an amateur whose application for a variance that was denied based on possible interference to home entertainment equipment. This letter also states that the higher the antenna, the less potential for interference to home entertainment equipment.  The "McNamara letter" which was written to the neighbor of a ham who insisted that the FCC laws on interference were too lenient and should be strengthened. The FCC explained to the non-amateur that the current interference regulations were adequate and should not be changed.  The CIB Interference Handbook gives the FCC perspective on most types of interference problems. It serves as a general reference with basic information on a variety of RFI issues. Included is a list of equipment manufacturers who provide specific assistance with interference problems. The list also is available through the Commission's Fax on Demand at (202) 418-2830. Callers should request document number 6904  The FCC Consumer Facts Interference Bulletin provides general information related to a variety of interference issues.   The CGB Telephone Interference Bulletin FCC Consumer Facts provides interference information to help resolve telephone interference.     Precedent Setting Cases Affecting Amateur Radio There have been few published precedent setting Amateur Radio cases in recent years. Here are the cases which have been cited most frequently:  Schroeder v. Municipal Court of Cerritos, 73 Cal. Rptr 3d 841, 141 Cal. Rptr. 85 (1977) Appeal dismissed 435 US 990 (1978)  Gushke v. Oklahoma City, Oklahoma, 763 F. 2d 379 (10th Cir 1985)  John Thernes vs. City of Lakeside Park, Kentucky et al (779 F. 2d 1187 (6th Cir. 1986) See also Final Judgement: 62 Pike and Fischer Radio Regulation 2d 284 E.D. KY 1987  Andrew B. Bodony v. Incorporated Village of Sands Point, New York et al (681 F. Supp. 1009 E. D. NY 1987)  William F. Bulchis v. City of Edmonds, Washington (671 F. Supp. 1270 (W.D. Wash. 1987)  Izzo v. Borough of River Edge, New York, et al 843 F. 2d 765 (3rd Cir., 1988)  MacMillan v. Rocky River, Ohio (748 F. Supp 1241 (N.D. Ohio 1990)  Howard v. City of Burlingame, California, (937 F. 2d 1376 (9th Cir. 1991)  D. R. Evans v. Board of County Commissioners of the County of Boulder Colorado et.al. 994 F. 2d 761 (10th Cir. 1993)  Sylvia Pentel v. City of Mendota Heights, Minnesota (13 F. 3d 1261 8th Cir. 1994)  Palmer v. City of Saratoga Springs, 180 F. Supp. 2d 379 (N.D.N.Y. 2001).  Marchand v. Town of Hudson, 788 A.2d 250 (N.H. 2001).  Marchand Remand ZBA Decision