08-22-1994 Council Packet - Laserfiche WebLink

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r Initially, wo nust discuss the extent to which this language requires nunicipalities to yield to amateur interests. Although some courts have evaluated whether the municipality properly balanced its interests against the federal government's interests in promoting amateur communications, seg Williams y, qji-v nf Calcnbia, 906 F.2d 994, 998 (4th Cir. 1990); MacMillan ,48 F. supp. at 1248, we read PRB-1 as requiring municipalities to do more—PRB-1 specifically requires the city to accommodate reasonably amateur communications.* see Evans. 994 F.2d at 762-63. This distinction is important, because a standard that requires a city to accommodate amateur communications in a reasonable fashion IS certainly more rigorous th.n.i one that simply requires a city to balance local and federal interests when deciding whether to permit a radio antenna. Application of this reasonable acconnodatlon standard, er, does not require the city to allow the amateur to erect any antenna she desires. Instead, it requires only that the city "considerf] the application, ma[k]e factual findings, and attenpt[] to negotiate a satisfactory compromise with the applicant." Howard V. City of Rnriinqame, 937 F.2d 1376, 1380 (9th Cir. 1991); see. 994 F.2d at 762 (stating that the county was willing to permit a crank-up tower, a shorter tower, or a tower located elsewhere); Williams, 906 F.2d at 997 (stating that the city suggested a limitation on the hours the antenna could be extended, and noting that the amateur could apply for a shorter antenna). Under this approach, a local regulation that impairs amateur radio communications is preempted as applied if the city has not crafted It "to accommodate reasonably amateur communications" while using consider,the FCC states that, in operator i^tere<ir^^^^ before it, it weighed federal and amateur balancina those of local governments. After app^Spriatfwfl standard that the FCC concluded was amateSr t ^ government must reasonably accommodateamateur radio communications. ^ PRB-1 22, 24. -6-