Texas BPL Initiative Dead; Antenna Bill Exempts Amateur Radio:

Despite some eleventh-hour political wrangling, Texas legislation that would have encouraged the deployment of BPL by electric utilities has failed to pass. After the original measure, Texas Senate Bill 1748, got stalled in the Texas House of Representatives, its language was grafted onto two other bills in an effort to ease it through the legislative session that wrapped up May 31. The various measures died when House and Senate leaders were unable to resolve their differing versions. Meanwhile, wording to exempt Amateur Radio has been restored to a potentially restrictive antenna bill, HB 843. North Texas ARRL Section Manager Tom Blackwell, N5GAR, says time simply ran out for the supporters of the BPL measure, which was to have served as a model for bills in other states.

"The Texas BPL bill is dead," Blackwell commented on his Texas BPL Web site http://www.n5gar.info/. "The winners are the Texas Constitution and the people of Texas, who have imposed strict time limits on actions by the Texas Legislature." By law, legislative sessions run 140 days.

A collateral benefit of the legislative battle, Blackwell says, is that the BPL bill motivated people not normally engaged in the political process to get involved--some for the first time. Many members of the Amateur Radio community in the Lone Star State contacted their lawmakers to voice their opposition to the original bill and its various successors, he said.

"Potential investors in BPL should be reminded that because of the conduct of the lobbyists they hired and the elected officials they influenced, we were energized," he said. "Because of them we are now better organized and prepared to address interference complaints to the FCC and respond to any other attempt to effectively convert any of our amateur bands to commercial use."

Blackwell suggests it's not too soon to start thinking about the 2007 legislative session. "We expect to see the same kinds of bills filed again," he said.

Blackwell, Bill Lawless, W5WRL (now West Texas SM-elect), Gene Preston, K5GP, and Skip Cameron, W5GAI, testified in opposition to the original BPL bill--SB 1748--while it was under consideration by the House Regulated Industries Committee. Blackwell says a representative of the Texas Coalition of Cities for Utility Issues who also testified against the measure called it unconstitutional.

Radio amateurs in Texas also contacted their lawmakers regarding antenna-related legislation--HB 843--giving certain Texas counties the authority to regulate "communication facility structures." The House version included an exemption for Amateur Radio antenna support structures, but the Senate version stripped that provision. South Texas State Government Liaison Jim Robinson, K5PNV, said, however, that he got assurances from House and Senate sponsors of the bill that the language would be reinstated when the measure went to conference.

The bill now includes wording exempting "a communications antenna, antenna facility, or antenna tower or support structure located in a residential area that is used by an Amateur Radio operator exclusively for Amateur Radio communications or public safety services."

"Looks like our work is done, insofar as the 79th Legislature is concerned," Robinson told ARRL West Gulf Director Coy Day, N5OK, and Texas ARRL section leadership this week. "Thanks to all of you for the excellent job you collectively did in getting contacts made with key legislators. This reflects a great team effort."

Source:

The ARRL Letter Vol. 24, No. 22 June 3, 2005

Member Comments: