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The pursuit of Amateur Radio occasionally brings us into contact with people who do not share our enthusiasm for the hobby. The prospect of getting permission from your town to erect an antenna can be daunting. Fellow hams misuse their privileges and embarrass you as you're trying to introduce a youngster and his dad to Amateur Radio. What can the ARRL do to help? Regulatory Information Specialists are part of the solution.
The ARRL is committed to improving the legal climate in which hams pursue their activities. The League works with amateurs who are attempting to enact or modify state laws relating to Amateur Radio antenna structures. ARRL's general counsel and its Technical Relations team in Washington endeavor to assure that Amateur Radio's interests are constantly represented before the FCC and at international conferences. At Headquarters, ARRL's Regulatory Information Branch often hears from members who are having trouble deciphering particular FCC rules and regulations or who simply need assistance with an application.
The regulatory specialists at ARRL also frequently hear from hams affected by private covenants, conditions and restrictions--CC&Rs--that can restrict or prohibit Amateur Radio antennas. The ARRL Board of Directors adopted a goal of advocacy activities, leading to legislation granting the Amateur Radio Service the same level of protection from CC&Rs as now available to those who wish to install antennas for over-the-air broadcast receiving devices.
Indeed, the Regulatory Information Branch answers dozens of telephone and e-mail questions weekly regarding members' legal concerns. These can range from antenna ordinances and unintentional interference to a neighbor's TV or telephone, to license renewals, repeater rules, enforcement complaints (such as 10-meter intruders and deliberate interference), and bad language overheard on the air.
Antenna ordinances and zoning laws represent a significant proportion of the questions. Assume that you want to erect a tower and you would like to know what to do first. The Field and Educational Services Web site is an excellent starting place. Here you can read about the services that ARRL provides to help you wend your way through the legal thicket. ARRL's book, Antenna Zoning for the Radio Amateur, by attorney Fred Hopengarten, K1VR, can be your guide through the legal process of obtaining permission.
Although your immediate goal is to erect a tower, it may be helpful to get the big picture first. What does FCC have to say about your rights to erect a tower?
The Memorandum Opinion and Order PRB-1, Federal Preemption Of State and Local Regulations Pertaining to Amateur Radio Facilities, was adopted by the FCC on September 16, 1985. In part, the Order says, "Amateur operators who believe that local or state governments have been overreaching and thereby have precluded accomplishment of their legitimate communications goals, may, in addition, use this document (PRB-1) to bring our policies to the attention of local tribunals and forums."
The League has established two excellent programs to help you utilize PRB-1 to best advantage. They are The Volunteer Counsel and The Volunteer Consulting Engineer programs.
The VC Program was developed to provide a means of tracking and, when necessary, opposing local ordinances and statutes that might have a detrimental effect on the Amateur Radio Service and League members. ARRL compiles and maintains an up-to-date list of attorneys--more than 250 of them--capable of representing amateurs involved in antenna or RFI disputes. All but three or four states in the US have VCs.
When HQ makes referrals, the ham is reminded that VCs make their living practicing law. Amateurs should not expect free or reduced cost legal representation except at the discretion of the VC. Volunteer Counsels are asked, however, to provide an initial consultation at no charge so that the amateur may knowledgeably decide what further steps to take.
The Volunteer Consulting Engineer Program is organized in a manner similar to the VC program except that these volunteers are registered professional engineers. VCEs provide assistance to amateurs who may need to meet structural requirements set forth by local zoning authorities. Such engineering requirements are often necessary to obtain a permit to erect an antenna support structure. In addition, hams often need an expert witness to certify that the tower in question meets or will meet the engineering requirements of local ordinances.
As is the case with VCs, these volunteers are not expected to provide their services for free. They are asked to provide an initial consultation at no charge and to consider giving discounted rates to amateurs where possible to meet a common goal for the good of Amateur Radio in the community. Approximately 50 VCEs are listed in the ARRL database.
The Amateur Auxiliary is one of the most important functions of the League. The Auxiliary is composed of approximately 700 ARRL volunteer-appointees, known as "Official Observers" or "OOs," across the country who monitor the bands and notify amateurs of technical and operating discrepancies before they come to the attention of the FCC. The program is based on a formal agreement between the FCC and the ARRL.
For more than 50 years the League has sponsored the Official Observer program to help amateurs help each other. OO appointees have assisted thousands of amateurs to maintain their transmitting equipment and operating procedures in compliance with the regulations. A sincere dedication to helping our brother and sister amateurs is required for appointment. Contact your section manager if you are interested in an appointment to this position.
Occasionally, a ham desiring to upgrade his license at an ARRL-sponsored license-exam session will be asked to show proof that he held a certain class license in some previous year. FCC cannot always provide this background information, but ARRL can. We have an almost complete collection of Department of Commerce call books from 1913-1931 and the "Flying Horse" Callbooks--from 1931 forward. Given the call sign and year to be checked, ARRL staff can find the needed reference and give the information to an ARRL Volunteer Examiner who can then verify the previous licensure for examination credit.
ARRL Field and Educational Services offers licensing information for hams wishing to operate while visiting other countries. Here one can learn the rules for operating under European Conference of Postal and Telecommunications Administrations (CEPT) and the International Amateur Radio Permit (IARP) procedures as well as the procedure for obtaining a reciprocal license for countries that are not participants to these arrangements. The ARRL staff is happy to help a member with these procedures.
Lest we overstate the ability of a small number of people to accomplish all of the activities we have listed, realize that it is actually the combined efforts of more than 30,000 ARRL volunteers throughout the country that assure the success of ARRL programs.
