12-08-1986 Council Packet - Laserfiche WebLink

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M believe c. !!mlted preemption policy !s warranted. State and local regulations that operate to preclude amateur communications in their communities are In direct conflict with federal objectives and must be preempted. 25. Because amateur station c omunlcations are only as effective as the antennas employed, antenna height restrictions directly affect the effectiveness of amateur communications. Some amateur antenna configurations require more substantial installations than others If they are to provide the amateur operator with the communications that he/she desires to engage in. For example, an antenna array for international amateur communications will differ from an antenna used to contact other amateur operators at shorter distances. We will not, however, specify any particular height limitation below which a local government may not regulate, nor will we suggest the precise language that must be contained in local ordinances, such as mechanisms for special except!ons, variances, :ondltional use permits. Nevertheless, local regulations which i've placement-, screening, or height of antennas based on health, safety, .,i aesthetic considerations must be crafted to accommodate reasonably amateur communications, and to represent the minimum practicable regulation to accomplish the local authority's legitimate purpose. 6 26. Obviously, we do not have the staff or financial resources to review all state and local laws that affect amateur operations. We are confident, however, that state and local vernr-;r-!. will endeavor to legislate in a manner that affords apprc Jo recognition to -.he Important federal interest at stake here nd thereby avoid unnecessary conflicts with federal policy, as well as time—consuming and. expensive litigation In this area. Amateur operators who believe that local or state governments have been overreaching a,� thereby have precluded accomplishment of their legitimate communications goals, may, in addition, )is document to bring our policies to th, attention of local tribu and forums. 6 We reiterate that our ruling herein does not reach restrictive covenants In private contractual agreements. Such agreements are voluntarily entered 'nto by the buyer or tenant when the agreement Is c:.ccuted and do not sually concern this Coavission.