Three States Set Sights on Amateur Radio Anten na Legislation

NEWINGTON, CT, May 8, 2007 -- North Carolina, Pennsylvania and Oklahoma have -- or soon will have -- Amateur Radio antenna legislation in play. Radio amateurs in all three states are hoping to have the essence of the limited federal preemption known as PRB-1 incorporated into their states' statutes. The North Carolina bill, H 1340, appears to be on the fastest track at this point. The measure was reported favorably out of the House Ways and Means Committee on May 3, and a vote by the full House could happen today. North Carolina ARRL Section leadership has been urging the Amateur Radio community to urge their lawmakers to support the bill.
"In most other states it's taken three to four years for an antenna bill to make it to the floor of the legislature for a vote," says North Carolina Public Information Coordinator Bill Morine, N2COP. "We are fortunate here in North Carolina to make it on the first try. Don't let this golden opportunity slip by!"
ARRL North Carolina Section Manager Tim Slay, N4IB, notes that the House has a very full agenda, so there's a chance the PRB-1 bill vote could be rescheduled. "Thanks to all of you who have already contacted your representative and helped build support for this important bill," Slay said. Online audio of the House session is available via the General Assembly Web page.
Morine says North Carolina radio amateurs can locate the name of their representatives via the North Carolina General Assembly Web site (scroll down to "Who Represents Me?" and plug in your full nine-digit ZIP Code, including the hyphen between the fifth and sixth digits. He suggests a telephone call followed up by an e-mail.
H 1340 calls on municipalities to require ordinances based on health, safety, or aesthetic considerations regulating placement, screening or height of Amateur Radio antennas or antenna support structures "must reasonably accommodate Amateur Radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose" of the city or county. In addition, the measure would establish a minimum regulatory height of 90 feet "unless the restriction is necessary to achieve a clearly defined health, safety, or aesthetic objective" of the city or county.
Elsewhere ARRL Eastern Pennsylvania Section Manager Eric Olena, WB3FPL, has alerted members in his section to a pending piece of legislation in the works for that state. He credited the efforts of George Brechmann, N3HBT, of Bucks County who has been working with Pennsylvania Sen Stewart Greenleaf, the pending bill's sponsor.
At this point, the measure has not been introduced. Radio amateurs are hoping their proposal may be integrated into an update of municipal codes now under way in the General Assembly. The proposed bill would restrict municipalities from adopting "an ordinance, regulation or plan or take any other action that precludes Amateur Service communications" or that fails to comply with PRB-1.
Meanwhile, radio amateurs in Oklahoma are still trying to get PRB-1 language on the books in that state. House Bill 1037 (HB 1037) moved out of the General Government and Transportation Committee with a "do pass" recommendation, but it failed to make the House calendar for a vote.
ARRL Oklahoma SM John Thomason, WB5SYT, tells ARRL that the language of HB 1037 has been attached to a Senate Bill, SB 426, which involves municipal annexations. ARRL West Gulf Division Director Coy Day, N5OK, has urged Oklahoma radio amateurs to get behind the legislative maneuver. SB 426 now is in a conference committee for action, and Thomason says one of the committee members is a radio amateur. Eddie Manley, K5EMS, who tracks FCC and governmental actions for the Oklahoma Section, has suggested that Oklahoma radio amateurs contact the authors of both the House and Senate bills as well as members of the conference committee considering SB 426.
To date, 23 states have adopted PRB-1 legislation. While PRB-1 requires reasonable accommodation, it does not specify a minimum height below which local governments may not regulate. Four states -- Alaska, Wyoming, Virginia and Oregon -- have legislation in place that specifies antenna support structure heights, below which municipalities may not regulate.