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PRB-1 What the Law Requires of Municipalities Presented By Trent A. Davis, Sr. N2WKL
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FCC Reasonably Accommodate Communications No unusual setbacks, fees, costs, height regulations. Minimum Practicable Regulation. Minimum necessary fees, costs, height regulations If a municipality wishes to become more restrictive: What is the problem not addressed? Why is the new element needed?
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47 CFR §97.15(b) Are Height and Dimensions Sufficient to accommodate amateur radio?
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DA 99-2569 Balancing of interests forbidden Regulations must not “impinge on the needs of amateur operators”
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COURT DECISIONS An open mind. Bodony v. Sands Point (NY) No fixed and unvarying height. Bodony (NY), Izzo (NJ), Howard (CA), Brower (FL - max of 70’ void), Pentel (MN). Specifics of the application; from the ham applicant’s perspective. Marchand (NH), Snook (TX). An attempt to negotiate a satisfactory compromise. Howard (CA), Pentel (MN)
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NO RFI REGULATION Broyde v. Gotham Tower (FL) SW Bell v. Johnson County (KS) Freeman v. Burlington Broadcasters (VT) Palmer v. Saratoga Springs (NY): requesting info is “unreasonable on (its) face”
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ANSWERS MUST BE YES Reasonably accommodate amateur communications? Minimum practicable regulation? Each application approached with an open mind? Considered from the amateur’s perspective?
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ANSWERS MUST BE NO Balancing of interests? Impinge on needs of amateur? Fixed or unvarying height limit? Consider RFI?
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The End
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