Saturday, February 22, 2014

WW8N Tower Court Case

This court case about a tower before a Federal court could affect the ability of amateurs everywhere to erect towers. READ THIS!
February Edition of the Ohio Section Journal

Village of Swanton Antenna Decision Appealed..

On February 4 the Village of Swanton filed a notice of appeal, appealing the decision of the Fulton County Common Pleas Court in the case of Wodtke v. Village of Swanton. The case is the first court case that we are aware of involving application of Ohio’s new antenna legislation, H.B. 158 (129th General Assembly). The Trial Court ordered the approval of an application to the village by Gary Wodtke, WW8N, for approval of an antenna variance. The Village denied the application and Mr. Wodtke appealed that decision to the Fulton County Common Pleas Court. The Court ruled in Mr. Wodtke’s favor and the Village is now appealing that order. In the docketing statement filed with the Court of Appeals the Village asserts four potential issues to be argued in the appeal, including whether Revised Code Section 5502.031, enacted by H.B. 158, is constitutional and whether it was constitutionally applied in this case.

Ohio law grants a right of appeal from final decisions of a common pleas court. The decision here is appealed to the Sixth District Court of Appeals, headquartered in Toledo. The appellate process involves first, filing the record of proceedings in the common pleas court, then briefs of each of the parties and, finally, a brief oral argument to the court. Appellate decisions are heard by a three judge panel that is usually designated near the time for oral argument. Decisions normally take a number of months after oral argument. Appellate decisions are generally final, unless further review is granted by the Ohio Supreme Court. While a court of appeals decision represents the law only in that appellate district, it carries significant precedential value in other Ohio courts and may also be cited in similar cases in other states.

Mr. Wodtke is represented by Toledo attorney Carey Cooper and by Fred Hopengarten, K1VR a noted authority on zoning and amateur radio antenna issues. ARRL leadership at the national level is also aware of the appeal. Scott Yonally, Ohio Section Manager and Jim Weaver, Great Lakes Division Director have enlisted support from the ARRL. In my discussion with League General Counsel, Chris Imlay, W3KD, it appears that the leadership of the League views this appeal as being one of precedential significance, not only for Ohio amateurs, but also for amateurs in other states that have passed state versions of FCC regulation PRB-1.

Discussions are ongoing regarding various ways to help bring this appeal to a successful conclusion. We will keep you informed as further developments occur.

source: Nick, K8NAP

My Stamp Collecting Blog

Counter Added January 1, 2011

free counters


The A index [ LOW is GOOD ]

  • 1 to 6 is BEST
  • 7 to 9 is OK
  • 11 or more is BAD

Represents the overall geomagnetic condition of the ionosphere ("Ap" if averaged from the Kp-Index) (an average of the eight 3-hour K-Indices) ('A' referring to amplitude) over a given 24 hour period, ranging (linearly) typically from 1-100 but theoretically up to 400.

A lower A-Index generally suggests better propagation on the 10, 12, 15, 17, & 20 Meter Bands; a low & steady Ap-Index generally suggest good propagation on the 30, 40, 60, 80, & 160 Meter Bands.

SFI index [ HIGH is GOOD ]

  • 70 NOT GOOD
  • 80 GOOD
  • 90 BETTER
  • 100+ BEST

The measure of total radio emissions from the sun at 10.7cm (2800 MHz), on a scale of 60 (no sunspots) to 300, generally corresponding to the sunspot level, but being too low in energy to cause ionization, not related to the ionization level of the Ionosphere.

Higher Solar Flux generally suggests better propagation on the 10, 12, 15, 17, & 20 Meter Bands; Solar Flux rarely affects the 30, 40, 60, 80, & 160 Meter Bands.

K index [ LOW is GOOD ]

  • 0 or 1 is BEST
  • 2 is OK
  • 3 or more is BAD
  • 5 is VERY VERY BAD

The overall geomagnetic condition of the ionosphere ("Kp" if averaged over the planet) over the past 3 hours, measured by 13 magnetometers between 46 & 63 degrees of latitude, and ranging quasi-logarithmically from 0-9. Designed to detect solar particle radiation by its magnetic effect. A higher K-index generally means worse HF conditions.

A lower K-Index generally suggests better propagation on the 10, 12, 15, 17, & 20 Meter Bands; a low & steady Kp-Index generally suggest good propagation on the 30, 40, 60, 80, & 160 Meter Bands.

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