According to United States Senator Mark Pryor of Tennessee,
the Senate won’t be following the House’s lead this year to overhaul
the sweeping law regulating TV, radio and all other telecommunications
services.
The Communications Act, first written
in 1934, created the Federal Communications Commission and outlined
rules governing communications as it stood at that time. Over the years
it has been amended on many occasions to try to keep up with emerging
technologies. The Act was last updated in 1996, when the Internet was
still in its infancy.
The House Energy and Commerce
Committee has already begun to look into ways to bring the
Communications Act into line with the needs of the 21st Century, but
Pryor who is chairman of the Senate Commerce Subcommittee on
Communications said the overall Senate Commerce Committee probably will
not be following suit.
Critics of the current Communications
Act have said that it creates what they call silos for different type
of communications. That they say has posed a problem for new
technologies such as Voice over Internet Proytocol phone calls that are
transmitted over broadband and other Internet lines.
The House of Representatives effort
to rewrite the law is expected to take multiple years, and has only just
gotten started. This past January an Energy and Commerce Subcommittee
held its first hearing on the issue with five former FCC chairmen in
attendance.
source: Bill Pasternak, WA6ITF
http://www.buffalonews.com/city-regi...nmore-20131203
I email our mayor and town clerk :The board passed a separate law Tuesday regulating the placement of amateur, or ham, radio antennas. The law includes a $1,000 application fee for a special-use permit.
“We had somebody put in an application and we advised him – similarly to the other issue – that we didn’t have any legislation pertaining to ham radios and that we would be looking into it,” Johnson said.
the Clerk responded :http://www.buffalonews.com/city-regi...nmore-20131203
I read in the Buffalo News about the new $1000 application fee for Ham radio antenna's. I would like the text of the law so I can forward it to the FCC as I believe you are in violation of federal law.
http://wireless.fcc.gov/services/ind...teur&page=1#25
Nevertheless, local regulations which involve placement, screening, or height of anatennas based on health, safety, or aesthetic considerations must be crafted to accommodate reasonably amateur communications, and to represent the minimum practicable regulation to accomplish the local authority's legitimate purpose.
When I compare the $1000 cost to the other permit costs listed for Kenmore ( http://www.villageofkenmore.org/inde...d=69&Itemid=77) there is no way this can be seen as the "minimum practicable regulation to accomplish the local authority's legitimate purpose" and I doubt the FCC will see it that way either.
I have contacted the ARRL (http://www.arrl.org) and am getting them involved. I plan to contact the FCC once I here back from you.
I am an active member of our community and volunteer at the Kenmore Fire Department. I have lived in Kenmore for 13 years and love the community and its people, but a thousand dolars to install a $30 antenna, how can this be seen as reasonable.
The bolded part is my favorite.The local law will be posted on the website once we receive confirmation of filing from the Secretary of State. The fee noted in the Buffalo News is for those operators who require land use and building permit approvals to construct an antenna structure on their property. Generally speaking, this will pertain to HAM operators seeking to install a free-standing antenna on their property, or an antenna structure on an existing building. Some of the issues that must be evaluated include setbacks, tower height, tower construction, tower location, communications needs and goals of the applicant, and appropriate and reasonable alternatives. In conducting this evaluation, the Village will be required to obtain both engineering and communication consultant support in order for it to appropriately balance the interests of the HAM operator with the health, safety and general welfare of the community. In our research, several courts have reviewed a municipality’s use of such consulting help and have evaluated the municipality’s resulting thorough analysis. This assistance is especially important in a municipality like Kenmore; obviously we are not dealing with a rural community with large lots and low density. I’m sure you appreciate that Kenmore lots are very small. Any type of antenna structure is likely to cause unique concerns. The Village needs to be sure that any proposed antenna structure will not present any safety issues, and will not have any other adverse impacts. The Village also must make sure that the antenna structure is the minimum necessary for the operator to achieve his/her goals. We consulted with our attorneys on this matter and the fee represents the anticipated costs of obtaining needed consultant advice, which the courts have referenced when reviewing cases on this matter. New York law provides that the costs of administering permits are appropriately born by those seeking the approvals.
Please note that the Village, prior to passing this law, had no regulations pertaining to HAM operators, and such antenna structures were prohibited by local law. This local law represents the Village’s efforts to expand the rights of HAM radio operators. The law acknowledges the HAM operators’ rights but also notes that a balancing of those rights with the needs of the community is proper, pursuant to Federal law. Like all of our fees, they are established to reimburse the costs to the municipality for its costs associated with the permit application.
I asked for clarification
and the clerk respondedThank you for taking the time to respond. I wanted a little clarification on a couple of things :
1) would a simple wire antenna hung from a home require this permit? something like this : http://www.chrisc.co.uk/2e1hje/ANT.jpg 2) would a vertical antenna without a tower require this permit? something like this : http://files.qrz.com/d/e51and/Mangai...3_10_small.JPG 3) would a 2 meter antenna attached to a home require this permit? something like this : http://www.qsl.net/ab8mo/2meter.gif
I have been in contact with the ARRL and their general counsel requested a copy of the law that was passed. I will check the website.
One further clarification. In your last paragraph it sounds like you are saying that if there is not a law that permits something that it is illegal. I'm not a lawyer but I always thought something was legal unless it prohibited by law not the other way around.
my last question has gone unanswered thus farI cannot evaluate specific antenna options. This is not my area. Please feel free to submit an application to the building department.
One last question. The second part of my last email
You said :
One further clarification. In your last paragraph it sounds like you are saying that if there is not a law that permits something that it is illegal. I'm not a lawyer but I always thought something was legal unless it prohibited by law not the other way around.
Please note that the Village, prior to passing this law, had no regulations pertaining to HAM operators, and such antenna structures were prohibited by local law.
So your / the village's contention is that were no law permits an action / activity it is thus illegal… That seems a little broad and overstepping what I understand our laws to be. Again not being a lawyer could you please clarify this for me.
thank you again for taking time to respond.
