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Legislative End Run Nets Win for Oklahoma Amateur Radio Antenna Bill

NEWINGTON, CT, May 23, 2007 -- An Amateur Radio antenna bill has made it through the Oklahoma legislature and now awaits the signature of Gov Brad Henry. Securing passage of the essence of the limited federal preemption known as PRB-1 was no mean feat, however. Proponents of the legislation had to switch to Plan B after House Bill 1037 (HB 1037) failed to make the House calendar for a vote after getting a "do pass" recommendation in the General Government and Transportation Committee. Supporters of the measure were successful in getting the language of HB 1037 attached to Senate Bill 426, which involves municipal annexations. SB 426 passed the Senate 45-2 and the House 90-5.

"We expect Gov Henry to sign the bill soon and are networking with his office to ensure his approval," said ARRL Oklahoma Section Manager John Thomason, WB5SYT. "The Oklahoma Section members really rose to the task to communicate our need to legislators, key community members including emergency managers and the general public who benefit from Amateur Radio emergency communications."

Thomason said the bill's supporters reminded lawmakers that some Oklahoma Section members have been among those supporting emergency communication in Kansas in the wake of the tornado that recently devastated the town of Greensburg.

Thomason expressed particular appreciation to several key players who helped make the antenna bill a reality. They include David Johansson, KA5GLT, who set the legislative process into motion, Joe White, K5BQG, who advised Section leadership, Assistant SM Eddie Manley, K5EMS, who tracked and reported on the bill's progress and initiated a letter-writing campaign, Melinda Jones, KE5IGK, for researching, composing and networking, and Hal Deitz, W5GHZ, for spending "significant hours at the capitol, meeting, greeting and informing" and keeping the SM apprised.

"It's a good day for Amateur Radio in Oklahoma," Deitz told ARRL this week. "We're excited."

Thomason also offered "a special word of thanks" to Oklahoma State Rep Guy Liebmann, K5GL, who provided support and served as a knowledgeable point of contact at the State Capitol. In addition, he thanked ARRL Field Organization Team Leader Steve Ewald , WV1X, for his help and encouragement.

Elsewhere ARRL Eastern Pennsylvania Section Manager Eric Olena, WB3FPL, reports that Amateur Radio antenna legislation, Senate Bill 884, was introduced May 18, but the measure has not yet been posted on the General Assembly's Web site, nor has it been referred to committee, likely to be either the Senate Local Government Committee or the Senate Communications and Technology Committee.

"We are not ready for you to contact your Pennsylvania state Senators and Representatives yet, but we are getting closer," Olena said on the Section's Web page. SB 884 would incorporate language from PRB-1 into the state's statutes.

Olena has credited the efforts of George Brechmann, N3HBT, of Bucks County who has been working with Pennsylvania Sen Stewart Greenleaf, the bill's sponsor. The proposed bill would restrict municipalities from adopting "an ordinance, regulation or plan or take any other action that precludes Amateur Service communications" or that fails to comply with PRB-1.

In the North Carolina General Assembly, an Amateur Radio antenna bill, House Bill 1340 (H 1340) was reported favorably out of the House Ways and Means Committee and received the unanimous approval of the full House in early May. The measure has moved to the Senate, where it's under consideration by the Senate Committee on Commerce, Small Business and Entrepreneurship.

H 1340 calls on municipalities to require ordinances based on health, safety, or aesthetic considerations regulating placement, screening or height of Amateur Radio antennas or antenna support structures "must reasonably accommodate Amateur Radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose" of the city or county.

Beyond that, however, the measure would establish a minimum regulatory height of 90 feet "unless the restriction is necessary to achieve a clearly defined health, safety, or aesthetic objective" of the city or county.

To date, 23 states have adopted PRB-1 legislation. While PRB-1 requires municipalities to "reasonably accommodate" Amateur Radio communication, it does not specify a minimum height below which local governments may not regulate. Four states -- Alaska, Wyoming, Virginia and Oregon -- have legislation in place that specifies antenna support structure heights, below which municipalities may not regulate.


   



Page last modified: 04:20 PM, 23 May 2007 ET
Page author: awextra@arrl.org
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