Hello all,
Hey, I was just wondering if anybody else has had trouble with city regulations when setting up a Part 15 transmitting antenna. I have a friend up north who set up a certain high priced transmitter at his church and the city told him the only place he could put the antenna was in the steeple of the church. The steeple is tin and it has greatly hindered the distance of his signal. But in all the reading I have done this is the first time I have heard of a city having regulations concerning the location of a Part 15 antenna. Is this common?
Hello all,
Hey, I was just wondering if anybody else has had trouble with city regulations when setting up a Part 15 transmitting antenna. I have a friend up north who set up a certain high priced transmitter at his church and the city told him the only place he could put the antenna was in the steeple of the church. The steeple is tin and it has greatly hindered the distance of his signal. But in all the reading I have done this is the first time I have heard of a city having regulations concerning the location of a Part 15 antenna. Is this common?
On the one hand, I don't want to get in trouble with the city when I set up a transmitter, but on the other hand I am afraid to ask if they have regulations because some city official might decide to make up some regulations just because I asked. What experiences have you all had with this? I am somewhat new at this Part 15 stuff and so experience of others is greatly appreciated. Thanks in advance.
I really don't understand how the city could even regulate something like this. I can set up a wireless network or use a cordless phone and I don't have to ask the citie's permission of where I can transmit from. Anyway, anybody who has some definate information on this please let me know.
Thanks much,
Shawn Hoffman, CET
KLSA Radio 1610
Hi Shawn,
Radio amateurs and part 15'ers are facing problems with zoning and neighborhood covenants and restrictions. After 25 years during which I have been paying attention, this issue is still not settled. Some argue that the federal laws preempt local laws and others argue that local laws prevail. If you want to pursue this do a web search on PRB-1, but I don't think that will help you much.
My advice is to keep a low profile. I use an indoor antenna for part 15 stuff. If you are going to use a FM antenna, it is very easy to set it up in a non intrusive way. A J-pole can be taped to the inside of a window for example.
I reside in a neighborhood with restrictions, yet I have had my amateur radio antennas (two of them) installed for almost 20 years. My VHF vertical is mounted on my chimney and unless one is looking for it, it cannot be seen. My lowband dipole is strung between trees in the woods in my back yard. Our CCR's do not prohibit this.
**PS I edited this because it appeared that I was encouraging you to ignore the rules. I didn't intend that.
Neil
As Neil has already pointed out, this topic has been thrown about by "experts" for decades. Covenant and Restriction agreements have, at times, been assumed as "law" by many county & municipal building and planning departments. However, federal case law and congressional action over the past 20+ years has established precedent with "legal" radio transmitters and antennas. Congress passed, in the '80's, a resolution limiting the authority of local and state governments over the operation of legally operating and FCC authorized transmitters and associated antenna systems.
The thinking behind "PRB-1" was that state and local governments do NOT have the authority to govern the public trust or use of public radio spectrum. That authority lies with the FCC. Even though PRB-1 deals only with amateur radio, other laws were passed in subsequent congressional action and signed into law concerning the allowance of TVRO dishes and "intentional radiators" in residential areas.
Local jurisdictions think that just because they have a say in the placement and use of cell phone towers, they can make law regarding all other radio service matters. These local government agencies do NOT have this authority. Congress and the FCC have agreed for years this broad stroke approach by state and local government is not a "states rights" local government issue because the Communications Act of 1934 establishes radio spectrum as a public trust and is regulated and governed exclusively by the federal government. That basic communications law has been court tested for decades and has even stood up to the scrutiny of the Supreme Court.
The bottom line, local governments can make and enforce land use regulations concerning the esthetic impact of radio transmitting facilities (antennas). Everything else is regulated and controlled by the FCC. Check to see if your state has passed a statewide version of PRB-1. If so, precedent may be on your side. Local governments cannot limit the use of transmitting equipment authorized by the FCC. The only radio service to my knowledge, the FCC has asked local government to help "police", is citizens band radio. Local authorities do have the authority to cite operators and confiscate equipment for scofflaws in the CB service.
It could be argued, that even though Part 15 operations are not licensed, they ARE authorized by the federal government for a specific purpose. If local governments will not allow Part 15 broadcasting, then they must equally apply the same regulations to 2.4 Ghz WiFi and BPL installations. I would love to see them just try that. The money and lawyers that would come at them would be impressive, not to mention the FCC.
I don't know if any of this is helpful. I worked as a lobbyist in Oregon to get a statewide PRB-1 signed into law. And I have worked to protect radio service statewide from the assualt of local governments. It has been interesting, to say the least. Operate a "legal" station and keep records and documentation of everything you do. You may need it someday to keep your station on the air.
Marshall Johnson, Sr.
Rhema Radio - The Word In Worship
http://www.rhemaradio.org