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QRZ! Ham Radio 1
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QRZ Ham Radio Callsign Database - December 1993.iso
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1993-11-21
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Submitted by:
George L. Thurston W4MLE
2116 Gibbs Drive
Tallahassee FL 32303
Phone 904-385-1637
Florida Amateurs, who often had to fight city hall's zoning
restrictions to put up a good antenna, now have the protection of
state law, in addition to PRB-1. By unanimous vote i n both houses,
the Florida Legislature embedded the federal regulation into a new
state law designated 91-28 (Chapters 125.0185 and 166.0435,
Fla. Statutes). It's the first such statute in the country and could
set an example for other states to follow. The new law, which became
effective April 27, contains the essence of the FCC's antenna
regulation PRB-1. Final passage of the bill was unanimous in both the
House and the Senate. PRB-1 is the FCC regulation that says that local
governments may not enforc e laws or ordinances that unreasonably
limit the size or height of Amateur Radio antenna support
structures. Although it over-rules any state or local law to the
contrary, city and county attorneys are usually not aware of it. Local
governing boards often go ahead and write restrictive zoning codes
anyhow, forcing hams to beat city hall in court -- often at great
expense. Now, theoretically at least, it should only be necessary for
a threatened Florida Amateur to cite the law to the city (or county)
atto rney.But PRB-1 has limitations. For one thing, it allows local
government boards to apply the test of esthetics, so long as esthetic
limitations don'tinterfere unduly with communications efficiency. And
if you moved into a house with a lease or with a re strictive
covenant, PRB-1 and Florida Statute 91-28 won't help a bit! The lease
or covenant is a contract between the seller and you, the buyer. If
you signed that property transaction, you agreed to abide by the
covenant restrictions. And if the covenant restricts antennas, you're
stuck. The solution is to buy a house without such a covenant hidden
in the agate type. Statute 91-28 sailed through the legislature with
virtually no trouble for several reasons. First, it didn't change
anything. The cities an d counties lost nothing to 91-28 that they
hadn't already lost to PRB-1. The bill had the support of powerful
legislators in both the House and the Senate. Rep. Hurley Rudd,
Tallahassee, who introduced the House bill, lives a few doors down the
street fro m ARRL State Government Liaison (SGL) John Hills KC4N, and
sits on the general government subcommittee of the House
Appropriations Committee. Supporters included House Speaker
T. K. Wetherell. Senator Pat Thomas, Quincy, a prominent supporter of
the bill, is chairman of the Senate Rules Committee. Senator Richard
Crotty, Orlando, who introduced the companion bill in the Senate, sits
on both the Appropriations Committee and the Committee on Community
Affairs.Just as importantly, perhaps, was the enthusiast ic support of
the Florida Amateur community, organized and encouraged by Northern
Florida SM Rudy Hubbard WA4PUP. The legislators and the Governor's
office reported "anunusual number of phone calls" from around the
state favoring the bill. Support for the bill had been widely promoted
on virtually all Florida traffic nets, at hamfests and club
meetings. The only opposition -- rather half-hearted at that -- came
from the Florida League of Cities, but at the end, the League of
Cities and the Florida Associa tion of County Commissioners openly
supported the bill. That's how unanimous votes get generated.-0-NOTE:
W4MLE covered the Florida legislature for nearly 20 years as a
television news bureau chief in Tallahassee.