Michigan
PRB-1 FAQs
What
is PRB-1? PRB-1
is a 1985 declaratory ruling by the Federal Communications Commission
which states that 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." This
ruling is now a federal statute [47 C.F.R. Section 97.15(b)].
Why
was PRB-1 Enacted? When
cellular telephones became popular in the 1980s, local zoning boards
and municipalities began passing regulations to limit the spread of
cell towers within their jurisdiction. In many areas, these same
regulations were applied to amateur radio operators, limiting or
preventing them from putting up antennas and/or towers. When the
Amateur Radio Community appealed to the FCC for relief, the FCC issued
the PRB-1 ruling.
Why
do we need a Michigan PRB-1 Law? Though
PRB-1 is federal law, many zoning boards and municipalities are unaware
of its existence, often making the process of getting antennas approved
difficult, and in a number of cases, leading to lawsuits that are
time-consuming and expensive for all parties.
Who
Benefits from a Michigan PRB-1 Law? The
Michigan Emergency Communications Preservation Act, as the bill will
come to be known, seeks to streamline the process federally licensed
amateur radio operators must go through to put up the antennas they
require—especially during communications
emergencies—and sets a benchmark for uniform local zoning
regulations in Michigan. This, in turn, will save time and money for
all involved.
Does
PRB-1 cover CCRs? No!
Neither the original FCC Ruling nor the proposed Michigan codification
of PRB-1 ruling will have any impact on CCRs (Covenants, Conditions,
and Restrictions).
What
is the timeframe for Michigan PRB-1 Legislation? Our
goal is to have a PRB-1 style bill passed and signed into law by the
end of the current legislative session in December of 2010.
Why
was the Michigan PRB-1 Committee formed? After
Pennsylvania became the 27th state
to pass PRB-1 Legislation in 2008, Dale Williams, WA8EFK, the American
Radio Relay League (ARRL) Michigan Section Manger, determined that it
was time to get a similar bill passed here and formed the Michigan
PRB-1 Committee.
Where
can I learn more about the Michigan PRB-1 Legislation effort? As
each milestone is achieved, news will be posted on the Michigan PRB-1
website, http://www.prb1michigan.org/. To keep current on our progress, sign up
for the e-mail bulletin at http://www.prb1michigan.org/id21.html. The Committee roster can also be found
here.
