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 Previous: RadioHead: The Ground Floor |  Next: FotoGallery |
By Karl Silverman, N0WWK
June 1, 1999
Hams in Texas recently were successful in getting lawmakers in The Lone Star State to adopt legislation that incorporates the essence of the limited federal preemption known as PRB-1 into the Texas law books. The net effect is additional protection from local laws for Amateur Radio antenna installations. Several other states are in the throes of similar efforts. Here's how it was done in Texas, in the words of the self-described "ringleader" of the PRB-1 effort there.
Karl Silverman, N0WWK (foreground), with Sen Mike Jackson, testifying before the Senate Committee on Intergovernmental Relations. |
It's hard to believe that it was only last June that we even considered trying to get PRB-1 codified. However, a chance encounter with State Rep Patricia Gray was all that it took to get the ball rolling. With help from several local hams and the ARRL, we were able to collect the data necessary for Rep Gray to begin the bill writing process.
The bill was ready for our review by early January. With little input needed, the bill was introduced in the House in early February. Packages went out to every ham club in the state explaining what was happening and what club members had to do to support our efforts. All hams in the state were encouraged to write every representative and senator, as well as the Governor.
The bill was referred to committee in late February. The public hearing was held on March 1, where the bill got a "do pass" recommendation. About a dozen hams were in attendance. The bill was heard on the House floor on March 16, the very first day of House business, and it passed on a voice vote. The bill was then sent over to the Senate.
In response to a quick letter writing campaign by local hams, Sen Mike Jackson agreed to sponsor the bill in the Senate. Once again, letters went out to every club in the state encouraging more letters to all of the senators and the Governor. The bill went to committee and had its public hearing on April 4.
The committee was so enthusiastic about supporting the measure that instead of putting the bill on the Senate calendar, it placed the bill on the "uncontested" calendar. The committee also made a minor amendment to the bill, which actually improved it. The amendment clarified that the legislation would not prohibit any municipality or county from acting to protect or preserve a historic, historical, or architectural district.
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The Senate passed bill April 19 and sent it back over to the House to resolve the amendment that had been added on the Senate side.
As the bill's author, Rep Gray only had to okay the change to send it on its way. On April 29 the bill was officially signed off in the Texas House and Senate and sent to the Governor's office for his signature. Gov George W. Bush signed the bill on May 10. And, because Rep Gray had the foresight to give this bill special status, it went into effect immediately.
The most difficult part of the legislative process was the coordination, as the process went much faster than anyone possibly could have anticipated. It was also difficult getting hams to actually write all of the letters to convince our elected officials to support the measure. People just don't realize how much power they have when they do write, however.
This marked the second time I've gotten a bill through a state legislature, although it was the first one in Texas. I can's tell you how good it feels to have done something for Amateur radio, knowing what Amateur Radio does for everybody.
Editor’s note: Bills to incorporate the essence of the limited federal preemption known as PRB-1 into state law are active in several states. A bill in Maine has just been signed by the Governor there. Oregon’s PRB-1 bill, Senate Bill 879, just cleared the state Senate by a 26 to 3 margin and has been sent on to the House of Representatives for action. Oregon hams are being urged to contact the Chair of the House Rules, Elections and Public Affairs Committee and their own Representatives to urge speedy and positive action on the measure. In Louisiana, HB 2088 has passed the House is headed for the Senate. It would limit the authority of local governing bodies to regulate amateur radio antennas. Wisconsin, Idaho, Kansas, Minnesota, and Mississippi are in the planning stages of similar measures. States that already have this type of legislation include Texas, New Hampshire, Florida, Massachusetts, Wyoming, Virginia and Washington. The basic amateur defense against restrictive town zoning ordinances is PRB-1. See http://www.arrl.org/field/regulations/local/prb-1.html and http://www.arrl.org/field/regulations/local/prb-1_program.html.
A Copy of the Texas PRB-1 Legislation
Bill Number: TX76RHB 1345 Date: 4/28/99
ENROLLED
1 AN ACT
2 relating to municipal or county regulation on the placing,
3 screening, or height of amateur radio antennas.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
5 SECTION 1. Chapter 250, Local Government Code, is amended by
6 adding Section 250.002 to read as follows:
7 Sec. 250.002. REGULATION OF AMATEUR RADIO ANTENNAS. (a) A
8 municipality or county may not enact or enforce an ordinance or
9 order that does not comply with the ruling of the Federal
10 Communications Commission in "Amateur Radio Preemption, 101 FCC 2nd
11 952 (1985)" or a regulation related to amateur radio service
12 adopted under 47 C.F.R. Part 97.
13 (b) If a municipality or county adopts an ordinance or order
14 involving the placement, screening, or height of an amateur radio
15 antenna based on health, safety, or aesthetic conditions, the
16 ordinance or order must:
17 (1) reasonably accommodate amateur communications; and
18 (2) represent the minimal practicable regulation to
19 accomplish the municipality's or county's legitimate purpose.
20 (c) This section does not prohibit a municipality or county
21 from taking any action to protect or preserve a historic,
22 historical, or architectural district that is established by the
23 municipality or county or under state or federal law.
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Karl Silverman's "battle cry" letter sent to Texas Amateur Radio clubsAttention Amateur Radio Operator: A battle is about to be waged over the future of amateur radio operations in Texas and this is a Call To Arms! Cities and counties all over the United States, including Texas, have been passing laws prohibiting or severely restricting the erection of amateur radio towers. We must not allow this to continue here in Texas. In 1998, Virginia was the first and only state to pass a specific tower protection bill. Prior to that, five other state passed lesser generic bills. Texas hams have no such protection, but that's about to change. Six months ago, work began to develop a specific tower protection bill for Texas. Amateurs in southeast Texas, with information provided by the ARRL, worked with Texas State Representative Patricia Gray and her staff to produce such a bill. Rep. Gray, a proponent of public safety, has now introduced that bill, HB 1345, on our behalf. [This bill will not revoke nor supersede deed restrictions or covenants and is not designed to. One thing at a time.] Here is what you need to do right now. First, sit down and hand write (or type) a letter to your State Representative. Then do the same for your State Senator. Then sit back down and write every other representative and senator in the state. No, you're not done, yet. Now e-mail every single one of them. What do you want to say? First, tell them that you want them to support HB 1345 and tell them why in your own words. Explain why ham radio is important and why we need towers. It's just that simple. Keep it short. Then, if you want to do something else, break out your QSL cards (or letter) and send one to the Governor's office with a note of support for HB 1345. The battle continues. The second step in getting our legislation passed is to show up in force when the bill is discussed in committee. For those with Internet access, you must check on the bill's progress daily by logging onto http://www.capitol.state.tx.us. Do a "Search by Bill" and see where and when the bill will be debated. We may get a little as 24 hours notice. Then spread the word near and far. Call everybody you know and show up. This isn't easy, but anything worth doing usually isn't. If we don't all act now, HB 1345 will go down to defeat and we will loose our only chance to protect ourselves. DO NOT PUT THIS OFF!! ACT NOW!!! [Silverman included the addresses to write to representatives, senators, and the governor.]
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