11-17-1986 Planning Packet - Laserfiche WebLink

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I readily available backup network. In this situation, we believe It Is appropriate to stike a balance between the federal Interest In protnotlno amateur operations and the legitimate Interests of local governoients In regulating local zoning matters. The cornerstone on which we will predicate our decision Is that a reasonable accommodation may be made between the two sides. ^ 23. Preemption Is primarily a function of the extent of the conflict between federal and state and local regulation. Thus, In considering whether our regulations or policies can tolerate a state regulation, we may consider such factors as the severity of the conflict and the reasons underlying the state's regulations. In this regard, we have previously rec^nlzed the legitimate and Important state Interests reflected In local zonli^ r^ulatIons. For example. In Earth Satellite Communications, Inc., 95 FCG 1223 (1983), we recognized that . . . countervailing state Interests Inhere In the present situation ... For example, we do not wish to preclude a state or locality from ®><®^clslng Jurisdiction over certain elements of an SMATV operation that properly may fall within Its authority, such as zoning or public safety and health, provided the regulation In question Is not undertaken as a pretext for the actual purpose of frustrating achievement of the preeminent federal objective and so long as the non-federal regulation Is applied In a nondIscrIminatory manner. 24. Similarly, we recognize here that there are certain general state and local Interests which may. In their even-handed application, legitimately affect amateur radio facilities. Nonetheless, there Is also a strong federal Interest In promoting amateur communications. Evidence of this Interest may be found In the comprehensive set of rules that the Commission has adopted to regulate the amateur service.* Those rules set forth procedures for the licensing of stations and operators, frequency ellocetlons^ technics! stendsrds which emateur radio equipment must meet and operating practices which amateur operators must follow. ^®®®9*^^^® "^1^® Amateur radio service as a voluntary, noncomaierc I a I communication service, particularly with respect to providing emergency communications. Moreover, the amateur radio service provides a reservoir of trained operators, technicians and electronic experts who con be called w In times of national cr local emergencies. By Its nature, the Amateur Radio Service also provides the opportunity for Individual operators to further International goodwill. Upon weighing these Interests, we 47 CFR Part 97.