eHam.net - Amateur Radio (Ham Radio) Community

Call Search
     

New to Ham Radio?
My Profile

Community
Articles
Forums
News
Reviews
Friends Remembered
Strays
Survey Question

Operating
Contesting
DX Cluster Spots
Propagation

Resources
Calendar
Classifieds
Ham Exams
Ham Links
List Archives
News Articles
Product Reviews
QSL Managers

Site Info
eHam Help (FAQ)
Support the site
The eHam Team
Advertising Info
Vision Statement
About eHam.net



[Articles Home]  [Add Article]  

ARRL To File 'Friend Of The Court' Brief In Ohio Antenna Case:

from The ARRL Letter on February 27, 2014
Website: http://www.arrl.org/
Add a comment about this article!

ARRL To File 'Friend Of The Court' Brief In Ohio Antenna Case:

The ARRL plans to file a "friend of the court" or amicus curiae brief on behalf of an Ohio radio amateur who has been at loggerheads with his community since 2009 in efforts to erect a modest antenna support structure. The Village of Swanton, Ohio, turned down the application of ARRL Life Member Gary Wodtke, WW8N, for an antenna variance to put up a 60 foot tower. Wodtke appealed, however, and in January the Fulton County Common Pleas Court issued a final judgment in his favor, ruling that federal and state law preempted Swanton's antenna ordinance.

Now, Swanton is appealing that order to the Ohio Sixth District Court of Appeals https://www.co.lucas.oh.us/index.aspx?nid=171, asserting, in part, that Ohio's PRB-1 \ http://www.arrl.org/prb-1 antenna law is unconstitutional, because it conflicts with the state's "Home Rule" statute, which gives communities broad and preemptive regulatory powers. Like the federal law, Ohio's PRB-1 statute calls on towns to "reasonably accommodate amateur station communications and shall constitute the minimum practicable regulation necessary." Ohio Section State Government Liaison Nick Pittner, K8NAP, believes the state appeals court's decision in Wodtke v. Village of Swanton could set legal precedent for similar antenna-related cases down the road. An attorney, Pittner was instrumental in getting Ohio's PRB-1 law enacted.

"Appellate decisions are generally final, unless further review is granted by the Ohio Supreme Court," Pittner said in a statement. "While a court of appeals decision represents the law only in that appellate district, it carries significant precedential value in other Ohio courts and may also be cited in similar cases in other states."

In addition to the state's antenna regulation pre-emption law, the application and authority of the federal PRB-1 statute, embraced in Section 97.15(b) of the FCC's Amateur Service rules, will be at issue in the appeal. This case will mark the first time a state PRB-1 law has been challenged in an appeal.

Assisting in the case is telecommunications attorney and antenna rights advocate and expert Fred Hopengarten, K1VR, the author of Antenna Zoning for the Radio Amateur, published by the ARRL and now in its second edition.

The Village of Swanton's ordinance established a fixed antenna height of 20 feet above the residential roofline. Wodtke wants to install a 60 foot antenna support structure on his 0.2 acre residential lot; the village allows greater height where the lot is at least 5 acres. While the appeal is pending, both parties have agreed that Wodtke be permitted to install a 40 foot antenna support structure, which complies with Swanton's current ordinance.

Source:

The ARRL Letter

There are no comments on this article: Post One

Email Subscription
My Subscriptions
Subscriptions Help

Other News Articles
WIA: Temporary Reassignment of Commercial Services into 70cm:
Army MARS at the ARRL Convention:
Skywarn Warriors: Radio Buffs Work Front Lines for National Weather Service
Amateur Radio Operators Descend on Civic Center for Annual Hamfest:
Ham Radio Users Could Be Vital Resource In Emergency: