12-08-1986 Council Packet - Laserfiche WebLink

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%no waft wommoom Nt / U.NN NEWS �� aaMre N� a/ 1m�a asw S� FED_RAL COYNUNICAT10M8 COYiMItslOml 1"i w sT11EET. N.W. W"HINGTON, O.C. 20554 7125 Tww a W% Wn0"W. o1 a ft*UnCu#Mr 01 C M-U*" WUW Room o1 an %A n.l o1 • Cawiw+MM a0u Congmum eAtaN scwon 5M NCI v FCC S IS F 20 393 1 D C Coe WM Report go. Pt-9 PRIVATE RADIO ACTION September 18. 1985 FCC DECLARES ♦ LIMITED PREEMPTION OF STATE AND LOCAL EMULATIONS CONCERNING AMATEUR RADIO FACILITIES The Commission has declared a limited preemption over state and local regulations concerning amateur radio facilities holding that there is a strong federal interest in pr000ting amateur communications. The American Radio Relay League, Inc. (ARRL) asked the FCC to issue a declaratory ruling preempting all local ordinances which provably preclude or significantly inhibit effective, reliable amateur communications. The ♦RRL conceded that the local authority could enact ordinances designed to ensure the safety and health of persons in the community, but argued that such regulations could not preclude effective amateur consunications. Vhile recognizing that there are certain general state and local interests vnich may legitimately affect amateur radio facilities, the FCC said that state and local regulations which preclude amateur communications are in direct conflict with federal objectives and must be preempted. The Commission declared that local regulations which involve placement, screening or height of antennas based on health, safety or aesthete: considerations must reasonably accoz=odate amateur communicationc Pad represent the minimum practicable regulation to accomplish the purpose of the local authority. Action by the Commission September 16, 1985, by Memorandum Opinion and Order (FCC 85-506). Commissioners Fowler (Chairman), Quello, Dawson and Patrick. with Commissioner Rivera not participating. -FCC- For additional information contact Maurice J. DePont at 1,202) 632-4%4.