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1991-09-02
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3144 B$ 3898 ALL N8AUH ALLOH 910504 OH Tower Legislation LSC 119 0961-1
Further to AD8I's message, LSC 119 0961-1 shows as H.B. 348, sponsored
by Reps. LAWRENCE - HICKEY - TROY - WALSH - WINKLER. It's titled, in
part "...to impose restrictions regarding communications towers."
Quoting various parts:
SECTION 4931.61...(B) "Communications Distribution System" INCLUDES
broadcast antennas for cellular radio communications, AM and FM radio
and microwave and television systems."
"(C) "Communications Tower" means a structure, whether free standing or
attached to a building or another structure, has a total height of
thirty-five feet or more above grade and is intended to be used for
transmitting, receiving, or relaying television, radio, telephone, or
other communications signals as part of a communications distribution
system." *No definition of Distribution System included - Ed Note*
SECTION 4931.62..."(A) No person shall acquire any real property in a
township or municipal corporation for the purpose of constructing on
that property a communications tower unless all of the following
conditions are met:"
"(2) The person has made a good faith effort to site the...tower on
property zoned for nonresidential or nonagricultural use or in a
planned district in which such tower siting is a permissible use."
SECTION 4931.63..."No person shall construct a communications tower in
a township or municipal corporation on real property that is acquired
on or after the effective date of this section unless all of the
following conditions are met:
"(A) The person has sited the tower so that the tower base is at least
one thousand feet from the nearest existing residential use or
district, including any planned district wholly or partly for
residential use, or from the nearest public park."
"(D) The person constructs the tower so that the minimum setback of the
tower is equal to the tower's height."
"(F) The person undertakes reasonable measures to minimize
interference with television reception that occurs as a result of the
construction or use of the tower in any residences or other buildings
within one-half mile of the tower."
SECTION 4931.65..."(B) No later than five days before any hearing held
pursuant to Division (A) of this section, the person who provided the
notice...shall make available...a detailed site plan of the
proposed...tower, which shall include all of the following:"
"(1) A description of the proposed tower....
"(2) The most recent USGS...map marked to show the approximate site of
the tower or associated equipment and any significant changes within a
one-mile radius of the site;"
"(3) A map...of the site...showing the acreage and dimensions of the
site...roads...and the names of abutting property owners and the
portions of their lands abutting the site;"
"(11) A list of all towers and associated equipment owned or operated
by a public utility or state or local government and located within a
ten-mile radius of the proposed tower...."
The entire document is lengthy and discouraging!
Who can do something about this? WE CAN. CONTACT YOUR STATE
REPRESENTATIVES AND ADVISE THEM OF THIS BILL, and make sure they know
it is an absolute hindrance to amateur radio communications, probably
others as well, and that it is ILLEGAL, written contrary to the FCC's
PRB-1! It violates our rights and Federal Government preemptions of
local restrictions on antennas. The ARRL will also be active, I'm
sure, but the local voters swing the most weight: Get busy ! ! !
Questions or comments, please contact AD8I or me.
de Dave - N8AUH @ NO8M
(Thanks to NZ8O and AD8I for the alerts on this information!)