Benefits of PRB-1 Legislation

Thank you for visiting the Michigan ARRL PRB-1 Committee web site. The following is a summary the basis for and the benefits of the proposed legislation -- Michigan House Bill # 5556, An Amendment to the Michigan Zoning Enabling Act of 2006:

This bill would codify PRB-1, a 1985 declaratory ruling establishing the policy of the Federal Communications Commission with respect to the power of state and local land use authorities to restrict the siting of antenna and antenna support structures constructed or used by federally licensed amateur radio operators.

According to PRB-1, local zoning authorities cannot preclude amateur service communications, but must reasonably accommodate those facilities and enact the "minimum practicable regulation to accomplish the state or local authority's legitimate purpose." [47 C.F.R. Section 97.15(b)]. Local governments can regulate land uses based on health, safety and aesthetic concerns, but the regulations cannot be so restrictive that they preclude communications by amateur radio, fail to reasonably accommodate such antenna structures, or impose more than the minimum practicable regulation of such structures, under PRB-1.

For technical reasons related to radio frequencies used by amateur radio operators in support of federal, state, and local emergency communications, training for such operations, and standard modes of intrastate and interstate communications used by federally licensed amateur radio operators, any regulation that prohibits or has the effect of prohibiting an antenna support structure less than 70 feet in height will preclude or unreasonably hinder such communications by licensed amateur radio stations.

The following 27 states have codified PRB-1: Alaska, California, Florida, Idaho, Indiana, Kansas, Louisiana, Maine, Massachusetts, Mississippi, Missouri, Nevada, New Hampshire, New Mexico, North Carolina, Oklahoma, Oregon, Pennsylvania, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
Six of those states, Alaska, North Carolina, Oregon, Pennsylvania, Virginia, and Wyoming specify heights below which local governments in those states may not regulate.
By establishing consistent statewide unrestricted airspace for federally licensed amateur radio antennae, this bill protects those municipalities that might otherwise prohibit or unreasonably regulate such structures from the litigation that would occur because of the preemptive effect of PRB-1.
At the same time, this policy will enhance and preserve the operation of federally licensed amateur radio communications and will ensure its continued role in serving as an integral resource during times of emergency for Michigan and its communities. These reliable emergency communications are provided at no cost to the State or municipal governments.
Indeed, amateur radio operators provided almost $2,000,000 in manhours by Amateur Radio Emergency Service [ARES] members in support of Public Service and Emergency Communications during calendar year 2008. [See ARES Report -2008]