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local government rn,,.;t have the ability to place <br />reasonable limitations upon the placement and <br />configuration 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 :,,2alth, safety and <br />welfare of all citizens. <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 />18. The City of Anderson, Indiana, summarized some of the problems <br />that face local communities: <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 communl`les <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 )reen.ptive authority by the <br />FCC in granting this request would not be In the <br />best Interest of the general public. <br />19. The National Association of Counties WACO), the American <br />Planning Association (APA) and the National League of Cities (NLC) all <br />opposed the Issuance of an antenna preemption ruling. NACO emphasized that <br />federal an hate power must be viewed in harmony and warns that Federal <br />Intrusion Into local concerns of health, safety and welfare could weaken <br />the traditional police power exercised by the state and unduly interfere <br />with the legitimate activities of the states. NLC believed that both <br />