Michigan ARRL PRB-1 Committee

Michigan ARRL PRB-1 Committee

PRB-1 cited as "Amateur Radio Preemption, 101 FCC 2d 952 (1985)," is a limited preemption of local zoning ordinances. It delineates three rules for local municipalities to follow in regulating antenna structures: (1) state and local regulations that operate to preclude amateur communications are in direct conflict with federal objectives and must be preempted; (2) local regulations that involve placement, screening or height of antennas based on health, safety or aesthetic considerations must be crafted to reasonably accommodate amateur communications; and (3) such local regulations must represent the minimum practicable regulation to accomplish the local authority's legitimate purpose. The heart of PRB-1 is codified in the FCC Rules [97.15(e)]. Of course, what is "reasonable" depends on the circumstances.

History

Since PRB-1 was passed by the FCC, Radio Amateurs have found that the zoning boards of local municipalities do not give adequate consideration to FCC Regulations in making zoning decisions. So beginning in the 1990’s, amateurs began lobbying for legislation that would place PRB-1 type language into their State Laws. So far, 27 States have passed PRB-1 legislation.
The time has come for Michigan to pass PRB-1 legislation. Your interest, action & motivation will assure its passage in 2009.

The Problem

The proliferation of cell phone towers built since the 1980’s has caused many county and city governments to pass zoning laws that unintentionally restrict the ability of radio amateurs to install effective antenna systems. In 1985, at the ARRL’s request, the Federal Communications Commission issued Memorandum Opinion and Order PRB-1. In PRB-1 the FCC pre-empted local zoning laws that did not make “reasonable accommodation” for amateur radio stations regarding antenna restrictions, radio frequency power limits, etc. The PRB-1 pre-emption has been used effectively to change zoning laws all over the country, but it has required significant effort on the part of radio amateurs who have had to deal with this issue one jurisdiction at a time. Many local zoning boards do not give FCC regulations adequate consideration when making zoning decisions, and across the county amateurs have found that state laws are a more effective tool for influencing local zoning regulations. So beginning in the 1990’s, amateurs began lobbying for legislation that would place PRB-1-type language into their state laws. Today 27 states have passed PRB-1 type legislation. We need to work hard to get the PRB-1 legislation passed in Michigan. Your support is crucial to this effort. Please help by being prepared to write to your Michigan State representatives. We will notify you when the timing is right.

THE SOLUTION:
WRITE YOUR STATE SENATOR!!!!
If they are not aware that there is grass root support for this bill they will be complacent. Make sure they know that you are voter and will look favorably upon them in the next election if they vote to support the bill, you know politicians, they love the voter. Please download the sample letter located on the left navigation. HB 5027 was introduced by Rep. Steve Lindberg on Sept 28, 2011 and referred to the Committee on Local, Intergovernmental and Regional Affairs. Please write your Representative and urge him/her to support our initiative. Join our eMail list, and we will notify you when it is time time to write to your Senator and State Representative in support of this effort.

Below is a picture of Amateur Radio Operators in the field at an emergency operations center. Click here to view a 6-minute video narrated by Walter Cronkite KB2GSD showcasing public service contributions made by Amateur Radio Operators throughout the country.

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Michigan ARRL PRB-1 Committee * 291 Outer Drive * Dundee, MI 48131

Page Updated: 04/28/2012