FCC Denies New York Ham's Request for PRB-1 Ruling

[ARRL]

On March 27, the FCC notified Thomas Morrison, AB2PP, of Yonkers, New York, that it was denying his petition concerning an Amateur Radio antenna support structure Morrison had installed at his home. In his December 2008, petition, Morrison requested the Commission rule that the City of Yonkers did not provide "reasonable accommodation" in its building permit requirements per PRB-1 in regards to the installation of the support structure.



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[KingCobra_CDX882]

Not Nice

 

[hookedon6]

i know tom (ab2pp) quite well, he is NOT going to quit on this issue. its' gonna get really expensive for the yonkers taxpayers

 

[park]

"The Commission's 2007 letter also noted that the FCC does not have the resources to review all state and local laws that affect Amateur Radio operations and that local tribunals have authority to review local zoning decisions."

The Fed's are just lazy.

 

[SR385]

Anyone know what the actual facts are?

Is this a 100' tower in a 30' lot?

Does it meet sound building/engineering codes?

Did he even apply for a building permit before he started?

I can't stand zoning ordinance interference, but without knowing if this is a 200 foot popsicle stick tower on a postage stamp lot, it's sort of hard to figure out who is correct here.

 

[Moleculo]

The FCC isn't going to get involved in the manner he is seeking. That's not how our government works. The FCC has the authority to write the Federal laws in this matter. If a local city agency fails to follow the federal guidelines, the corret recourse is to take the local agency to court. A judge will hear the case, review the FCC guidelines and if it becomes apparent that the local agency is not following the laws, the judge will rule in the favor of the ham. This is the same course of action that just ocurred in Palmdale, CA. You can't go straight to the FCC and expect them to do anything; they don't have the authority over the local agency on how their building and zoning codes are written, but the court does.

 

[hookedon6]

exactly correct.
he is following his legal advice and covering his #$$.

notice the FCC didn't state he was wrong, only that they wouldn't rule on the issue.
next stop............... U.S. DISTRICT COURT, who WILL rule on the issue.