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AUGUSTA, ME, Jun 2, 1999--Maine Gov Angus King has signed the latest legislation to incorporate the essence of the limited federal preemption known as PRB-1 into state law, but with a twist. Because of an amendment added in the Maine House, the final version was reworded slightly to automatically include not just PRB-1 but any future FCC regulation or policy affecting local regulation of antennas. King signed the bill, LD-1800, May 27.
Under the measure, local regulations in Maine involving placement, screening, or height of antennas based on health, safety or aesthetic considerations "must be crafted to reasonably accommodate amateur radio communications and to represent the minimum practicable regulation to accomplish the municipalities legitimate purpose.
The prime mover behind the legislation, Bruce Marton, K1XR, got the bill introduced after getting involved in a legal tangle with the town of Ogunquit. Marton is attempting to install four 100-foot towers on 50 acres of property that he owns. He says the town has been trying to revoke his building permit and force him to take down the structures. That dispute continues, but Marton now hopes the fact that King signed the bill last week will help his case. "It couldn't have come at a better time," he said.
Marton worked with State Sen Mark Lawrence to draft the legislation, and Lawrence, who's also Senate President, spoke on the bill's behalf when it was heard at the committee level. "We got it in right under the wire," Marton said, noting that the bill was filed just before the deadline last fall. The bill was opposed by the Maine Municipal Association, but, by and large, Martin says, the measure sailed through the Maine Legislature, where he says, it had bipartisan support.
Similar PRB-1 legislation is under way or under consideration in several other states.