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WE DID IT!
PRB-1
has been passed through the House (126 to 0) and Senate (40 to 0) in Kansas. We are only waiting for the Governor
to sign this important legislation. It looks like our efforts have been successful. Thanks to everyone who helped with this
effort.
PRB-1 cited as "Amateur Radio Preemption, 101 FCC2d 952 (1985)," is a limited preemption of local zoning ordinances. It delineates
three rules for local municipalities to follow in regulating antenna structures: (1) state and local regulations that operate
to preclude amateur communications are in direct conflict with federal objectives and must be preempted; (2) local regulations
that involve placement, screening or height of antennas based on health, safety or aesthetic considerations must be crafted
to reasonably accommodate amateur communications; and (3) such local regulations must represent the minimum practicable regulation
to accomplish the local authority's legitimate purpose. The heart of PRB-1 is codified in the FCC Rules [97.15(e)]. Of course,
what is "reasonable" depends on the circumstances! For suggestions about what to do when you are faced with a restrictive
ordinance, see "Interacting with Municipal Officials", at this link:
History
On February 8, 2000 House Bill 2644 came up as a topic in the Kansas
Legislature under PRB-1, which related to public safety. There were some concerns on restrictions in HB 2644 relating
to the placement and erection of towers and antennas used for amateur radio communication. This Bill did NOT pass. Now,
eight years later, it’s time for PRB-1 to be reconsidered. Your interest, action & motivation will assure
its passage in 2008.
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The Problem
The proliferation of cell phone towers built since the 1980’s has caused many county and city governments
to pass zoning laws that unintentionally restrict the ability of radio amateurs to install effective antenna systems.
In 1985, at the ARRL’s request, the Federal Communications Commission issued Memorandum Opinion and Order PRB-1.
In PRB-1 the FCC pre-empted local zoning laws that did not make “reasonable accommodation” for amateur radio antennas.
The PRB-1 pre-emption has been used effectively to change zoning laws all over the country, but it has required significant
effort on the part of radio amateurs who have had to deal with this issue one jurisdiction at a time. Many local zoning
boards don’t give FCC regulations adequate consideration when making zoning decisions and across the county amateurs
have found that state laws are a more effective tool for influencing local zoning regulations. So beginning in the 1990’s,
amateurs began lobbying for legislation that would place PRB-1-type language into their state laws. Today 25 states
have passed amateur radio antenna legislation. We need to work hard to get the PRB-1 legislation passed in Kansas. Your support
is crutial to this effort. Please help by writing your Kansas State representitive.
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These are some of the organizations amateur radio supports.
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THE SOLUTION:
WRITE YOUR SENATE REPRESENTITIVE!!!!
If they are not aware that there is grass root support for this bill they will be complacent. Make sure they
know that you are voter and will look favorably upon them in the next election if they vote to support the bill, you know
politicians, they love the voter. Please download the sample letter located on the left navigation. The PRB-1 has passed through
the house, so it's time to write the Senate.
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Below is a picture of Amateur radio operators in the field at an emergency operations center. They are communicating
when all other communications are down.
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| Emergency Operations Communications |
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