12-08-1986 Council Packet - Laserfiche WebLink

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0 readily available backup network. In this situation, we believe it Is appropriate to stlke a balance between the federal interest In promoting amateur operations and the legitimate interests of local governments 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 tol(-n+e a state regulation, we may consider such facto-s as tl)e severlty I conflict and the reasons underlying the staters regulations. In th dgard, we have previously recognized the legitimate and Important sta-. Interests reflected In local zoning regulations. For example, in Earth Satellite Communications, Inc., 95 FCC 2d 1223 (1983), we recognized that . . countervailing state interests inhere in the present situation . . . For example, ve do not wish to preclude a state or locality from exercising jurisdiction over certain elements of an SMATV operation that properly may fall within its authority, such as zoning or DUb!Ic 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 Ii, 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 servize.S Those rules set forth, procedures for the Ilcensing of stations and operators, frequency allocations, technical standards which amateur radio equipment must meet and operating practices which amateur operators must follow. We recognize the Amateur radio service as a voluntary, noncomerclal communication service, particularly with respect to providing emergency communications. Moreover, the amateur radio service provides a reservoir of trained operators, technicians and electron lc experts who can be called on in times of national or 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 5 47 CFR Part 97.