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F <br />Before the <br />Federal Communications Commission me 85-5o6 <br />Washington, D. C. 20554 36149 <br />In the Matter of ) <br />Federal preemption of state and ) PRB-1 <br />local regulations pertaining ) <br />to Amateur hadio facilities. ) <br />MEMORANDUM OPINION AND ORDER <br />Adopted: September 16, 1985 ; Released: September 19, 1985 <br />By the Commission: Commissioner Rivera not participating. <br />1. On July 16, 1984, the American Radio Relay League, Inc. (IRRL ) <br />filed a Request for Issuance of a Declaratory Ruling asking us to delineate <br />the limitations of local zoning and other local and state regu la - ory <br />authority over Fedora I ly- I Icensed radio facilities. Specifically, the ARK <br />wanted an explicit statement hat would preempt all local ordinances which <br />provably preclude or significantly Inhibit effective, reliable amateur radio <br />communications. The ARRL acknowledges that local authorities can regulate <br />amateur installations to insure the safety and health of persons In the <br />community, but believes that those regulations cannot be so restrictive <br />that they preclude effective amateur communications. <br />Interested parties were advised that they could file comriants <br />In `ter 1• With extension, comments were due on or before <br />Deco, 1984 2, with reply comments due on or before January 25, 1985 3• <br />Over hundred comments were filed. <br />1 Public Notice, August 30, 1984, Mimeo. No. 6299, 49 F.R. 36113, <br />September 14, 1984. <br />2 Pub ! is Notice, December 19, 1984, Mimeo No. 1498. <br />3 Order, Noveh.. r 8, 1984, Mimeo. No. 770. <br />