Laserfiche WebLink
Initially, we must discuss the extent to which this language <br />requires nunicipalities to yield to amateur interests. Although <br />some courts have evaluated whether the municipality properly <br />balanced its interests against the federal government's interests <br />in promoting amateur communications, see Williams v. City of <br />Columbia, 906 F.2d 994, 998 (4th Cir. 1990); MacMillan. 748 F. <br />Supp. at 1248, we read PRB-1 as requiring municipalities to do <br />more—PRB-1 specifically requires the city to accommodate <br />reasonably amateur communications.^ See Evans. 994 F.2d at 762-63. <br />This distinction is important, because a standard that requires a <br />city to accommodate amateur communications in a reasonable fashion <br />is certainly more rigorous than one that simply requires a city to <br />balance local and federal interests when deciding whether to permit <br />a radio antenna. <br />Application of this reasonable accommodation standard, <br />howevei, does not require the city to allow the amateur to erect <br />any antenna she desires. Instead, it requires only that the city <br />”consider[] the application, ma[k]e factual findings, and attempt() <br />to negotiate a satisfactory compromise with the applicant.” Howard <br />y....CitY Ol, Burlingame, 937 F.2d 1376, 1380 (9th Cir. 1991); see. <br />Evans, 994 F.2d at 762 (stating that the county was willing <br />to permit a crank-up tower, a shorter tower, or a tower located <br />elsewhere); Wj,].liams, 906 F.2d at 997 (stating that the city <br />suggested a limitation on the hours the antenna could be extended, <br />and noting that the amateur could apply for a shorter antenna). <br />Under this approach, a local regulation that impairs amateur radio <br />communications is preempted as applied if the city has not crafted <br />it "to accommodate reasonably amateur communications” while using <br />5;^t various places in PRB-1, the FCC states that, in <br />considering the issue before it, it weighed federal and amateur <br />operator interests against those of local governments. After <br />balancing these interests, the standard that the FCC concluded was <br />appropriate was that a local government must reasonably accommodate <br />amateur radio communications. See PRB-1 22, 24. <br />-6-