The Tennessee state capitol in Nashville.
NEWINGTON, CT, May 2, 2003--Amateur Radio antenna bills in Tennessee and Indiana have been signed into law by the governors of those states. Their successful passage brings to 19 the number of states that have adopted amateur antenna laws based on the limited federal preemption known as PRB-1. Original versions of both bills had contained minimum regulatory antenna structure heights, below which localities could not regulate. Both left their respective legislative processes without those provisions.
The Tennessee state capitol in Nashville. |
Tennessee Gov Phil Bredesen signed that state's bill--a compromise between the House and Senate versions of the legislation--on April 29. The Tennessee Senate had voted 31-0 to accept the House-passed bill, HB 1010, to replace the Senate's PRB-1 measure, SB 0365. The House vote was 97-0. The measure became law immediately upon the governor's signature.
"This came after a concerted effort by Tennessee hams to write their appropriate committee members, representatives and senators every step of the way as these bills made their way through the system," said ARRL Tennessee State Government Liaison Ingrid Klose, KD4F. Klose says it was significant that Bredesen signed the bill instead of just letting it become law without his signature. "We believe that speaks for the understanding the governor has, not only of the role of Amateur Radio relative to the communications needs of Tennessee, but also of our needs in order to be able to provide good communication service when needed."
At the request of Tennessee ARRL Section leadership, lawmakers eliminated language from the original Senate bill that would have incorporated a schedule of minimum regulatory height limits. Tennessee Section Manager Terry Cox, KB4KA, said proponents realized that chances of retaining the original wording were slim, given the opposition to last year's similar proposal, which had included a schedule of minimum antenna structure heights based on population density and lot size.
Klose said the bill was completely written this time around. "We are delighted with the quick progress and ultimate passage of this law and thank all of the people who wrote letters and showed their support," she said.
 The Indiana state capitol in Indianapolis. |
Indiana's bill, SB 109, got Gov Frank O'Bannon's signature on April 30. It becomes effective July 1 The bill that cleared the General Assembly did not contain language incorporating a 75-foot minimum regulatory antenna structure height, written into the Senate version of the bill but not included in the version passed by the House. A House-Senate conference committee cut out the 75-foot minimum, and the Senate passed the stripped-down measure on a 39-9 roll-call vote.
The bills approved in both states prohibit localities from enacting or enforcing ordinances, resolutions or orders that do not comply with the PRB-1 limited federal preemption--distilled within the Part 97 Amateur Service rules in §97.15, "Station antenna structures." Both measures also require ordinances involving the placement, screening or height of Amateur Radio antennas based on health, safety or aesthetics to "reasonably accommodate" Amateur Radio communications and represent the minimal practicable regulation to accomplish a municipality's or county's legitimate purpose.
The Indiana law also permits municipalities or counties to act to protect or preserve historical or architectural districts established under local, state or federal law.
Amateur Radio antenna laws in only a handful of states--Oregon,
Virginia, Alaska and Wyoming--include minimum regulatory height limits. Amateur
Radio antenna bills are pending in several other states, including New York,
New Jersey and California.
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