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11-17-1986 Planning Packet
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11-17-1986 Planning Packet
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local government must have the ability to olace reasonable limitations upon the placement and <br />conf guratlon of amateur radio transmitting and <br />receiving antennas. Such ability Is necessary to <br />assure that the local decision-makers have the <br />authority to protect the public health, safety and <br />welfare of alI cltl2ens. ^ <br />In conclusion, I would like to emphasize an <br />Important difference between your regulatory <br />powers and that of local governments. Your <br />Commission's approval of the preemptive requests <br />would establish a 'national policy'. However, any <br />regulation adopted by a local Jurisdiction could <br />be overturned by your Commission or a court If <br />such regulation was determined to be <br />unreasonable. <br />+h*+ Ifl Anderson, Indiana, summarized some of the problemsThat face local communities: prwiwns <br />I am sympathetic to the concerns of these antenna <br />owners and I understand that to gain the maximum <br />reception from their devices, optimal location Is <br />necessary. However, the preservation of <br />residential zoning districts as 'liveable* <br />neighborhoods Is jeopardized by placing these <br />antennas In front yards of homes. Major problems <br />of public safety have been encountered, <br />particularly vision blockage for auto and <br />pedestrian access. In addition, all communities <br />are faced with various building lot sizes. Many <br />building lots are so small that established <br />setback requIrements (In order to preserve adequate <br />air and light) are vulnerable to the unregulated <br />placement of these antennas. <br />...the exercise of preemptive authority by the <br />FCC In granting this request would not be In the <br />best Interest of the general public. <br />Pi«nnl!n (NACO), the Aimrican <br />League of Cities (NLC) all <br />If"®"®* 0* «" antenna preemption ruling. NACO mphaslzed that <br />IntruJLn"fn+^*l* ’*?**'' 'n harmony and warns that Federal <br />thl trld?. concerns of health, safety and welfare could weaken <br />with th. police power exercised by the state and unduly Interfere <br />with the legitimate activities of the states. NIC believed that both
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