[BC] Pirates...Aaarghh!
Ron Castro
ronc
Thu Jul 7 23:50:31 CDT 2005
Some hams have been able to coerce a complete exemption for ham radio
towers, or at least special rules that give hams a break. The problem with
many of these ordinances is that they are copied from other municipalities
and from "municipal associations" who's job seems to be to make as many
restrictive laws as they can!
Ron Castro
Chief Technical Officer
Results Radio, LLC
----- Original Message -----
From: "Rob Atkinson" <ranchorobbo at hotmail.com>
To: <broadcast at radiolists.net>
Sent: Thursday, July 07, 2005 9:34 PM
Subject: Re: [BC] Pirates...Aaarghh!
> thanks Ron/ that's what i figured--it's a long drawn out process too.
> there is some code regs regarding setbacks for towers etc. that result in
> them not being allowed in lots of a certain size. the writing is
> vague--does not mention specifically ham radio and i was told it was
> originally included to control cell phone towers. we are trying to get
> that changed. it's getting to where if you want to enjoy radio, you have
> to buy your own island.
>
> rob atkinson
>
> From: "Ron Castro" <ronc at sonic.net>
> Reply-To: Broadcast Radio Mailing List <broadcast at radiolists.net>
> To: "Broadcast Radio Mailing List" <broadcast at radiolists.net>
> Subject: Re: [BC] Pirates...Aaarghh!
> Date: Wed, 6 Jul 2005 21:07:02 -0700
>
> You have to stay on them to get the results you want. Here in Petaluma,
> the city adopted a tower ordinance, but the hams, including me, were out
> in force. We all testified at the hearing, and exchanged several letters
> with the city attorney, and wound up getting ourselves grandfathered, plus
> we had a key provision that would have allowed CC&R to be enforced by the
> city, thrown out. In my case, CC&R's prohibit any outdoor antennas, but
> there have been ham towers in the neighborhood continuously since it was
> built 27 years ago. Under the legal principal of estoppel, the CC&R's
> can't be enforced by the HOA, but the city might have been another matter
> if one of the neighbors pushed it.
>
> Ron Castro
> Chief Technical Officer
> Results Radio, LLC
>
>
> ----- Original Message ----- From: "Rob Atkinson"
> <ranchorobbo at hotmail.com>
> To: <broadcast at radiolists.net>
> Sent: Wednesday, July 06, 2005 4:58 PM
> Subject: Re: [BC] Pirates...Aaarghh!
>
>
>>My town (Saint Charles Illinois) is in the process of completely revising
>>the municipal code for zoning, building etc. First time its been worked
>>over since 1960. A Zoning Commission draft code was posted to the city
>>website a few months ago (the revision is ongoing with numerous Commission
>>public meetings, then a revised draft, then meetings about that, then
>>another revision to go to the City Council for approval etc.) and i
>>downloaded and immediately went over it.
>>
>>Among other alarms, was a one or two sentence proposed municipal ordinance
>>buried in the code that said that no electromagnetic device shall radiate
>>in such a way that it causes interference to any electric device located
>>beyond the property lines of the lot on which the radiating device is
>>located.
>>
>>I at once imagined an irate neighbor getting the cops to raid some ham's
>>station (me!); the ham trying to explain part 15 devices to the law.
>>
>>this was obviously written by some well intentioned but uninformed gov't
>>staff member with a city planning degree or some such. Another ham and I
>>showed up at one of the public meetings and he (not me; I'm not a
>>diplomat) politely informed the Commission that RFI issues are the sole
>>jurisdiction of the FCC; not municipalities. They immediately agreed to
>>strike the ordinance.
>>Of course it's not over yet--we're continuing to monitor the process;
>>there are also some other issues having to do with antennas we're working
>>on.
>>
>>rob atkinson/k5uj
>>
>>
>>
>>From: "Ron Castro" <ronc at sonic.net>
>>Reply-To: Broadcast Radio Mailing List <broadcast at radiolists.net>
>>To: "Broadcast Radio Mailing List" <broadcast at radiolists.net>
>>Subject: Re: [BC] Pirates...Aaarghh!
>>Date: Wed, 6 Jul 2005 10:03:26 -0700
>>
>>I'm not up in arms because I agreed to be bound by the law when I got my
>>licenses, both ham and commercial. Nobody put a gun to my head. Same as
>>when I got a driver's license. Transmitting an electromagnetic signal was
>>never a 'right' put into the Constitution, and as a conservative, I am a
>>'strict constructionist'. It's also 'well settled' law that the police
>>have a right to arrest you for interfering with their radios, whether you
>>have a license or not.
>>
>>Ron Castro
>>Chief Technical Officer
>>Results Radio, LLC
>>
>>
>>----- Original Message ----- From: "DANA PUOPOLO" <dpuopolo at usa.net>
>>To: "Broadcast Radio Mailing List" <broadcast at radiolists.net>
>>Sent: Wednesday, July 06, 2005 9:42 AM
>>Subject: Re: [BC] Pirates...Aaarghh!
>>
>>
>>>Why should a ham operator - an FCC LICENSED person - have to go to court
>>>or
>>>show ANYTHING (but his ID) to a police officer?
>>>This is local and state governmment intrusion at its worst. Ron, as a
>>>conservative you should be UP IN ARMS over this!
>>>
>>>Why aren't you?
>>>
>>>D
>>>
>>>
>>>------ Original Message ------
>>>Received: Wed, 06 Jul 2005 09:36:52 AM PDT
>>>From: "Ron Castro" <ronc at sonic.net>
>>>To: "Broadcast Radio Mailing List" <broadcast at radiolists.net>
>>>Subject: Re: [BC] Pirates...Aaarghh!
>>>
>>>One of the Florida pirates that was busted a few years ago *was* a ham.
>>>He
>>>got caught when his ham callsign was displayed in a picture somewhere.
>>>
>>>If I understand the state regulation, all a ham would have to do is show
>>>his
>>>ham license. If that didn't work, he would certainly have his day in
>>>court
>>>to show that it was his neighbor's crappy radio that was the problem.
>>>Cops
>>>generally aren't as dumb as the media likes to make them out to be.
>>>
>>>Ron Castro
>>>Chief Technical Officer
>>>Results Radio, LLC
>>>
>>>
>>>----- Original Message ----- From: "Jerry Mathis"
>>><thebeaver32 at hotmail.com>
>>>To: <broadcast at radiolists.net>
>>>Sent: Tuesday, July 05, 2005 10:43 PM
>>>Subject: RE: [BC] Pirates...Aaarghh!
>>>
>>>
>>>>
>>>>HOPEFULLY, they are smart enough to know the difference between a ham
>>>>station and a broadcast pirate. Anything is possible, though.
>>>>
>>>>
>>>>
>>>>Jerry Mathis
>>>>Clear Channel Radio, Tupelo & Meridian MS
>>>>
>>>>
>>>>
>>>>
>>>>>From: "Keith Hammond" <monsterfm at monsterfm.com>
>>>>>Reply-To: Broadcast Radio Mailing List <broadcast at radiolists.net>
>>>>>To: "'Broadcast Radio Mailing List'" <broadcast at radiolists.net>
>>>>>Subject: RE: [BC] Pirates...Aaarghh!
>>>>>Date: Tue, 5 Jul 2005 22:11:30 -0500
>>>>>
>>>>>Bruce Doerle said:
>>>>>
>>>>>
>>>>> > Paul,
>>>>> >
>>>>> > I don't agree. The Florida law does not usurp the federal
>>>>> > but parallels the law. There is nothing to prevent the FCC
>>>>> > from enforcing the Communications Act. Nor does the law
>>>>> > contridict the fedaral laws or regulations. If it did, you
>>>>> > might have a point. But there are many cases where the state
>>>>> > and feds have laws that coexist nicely and allows for federal
>>>>> > or state procescution or both.
>>>>>
>>>>>
>>>>> But, I'd hate to be the poor (licensed) amateur operator who just
>>>>>happens to fire up his 2kw. Rig at the wrong time and finds cops
>>>>>beating
>>>>>in his door shortly after the little old lady from next door reports
>>>>>that a strange voice is coming from the heating elements in her
>>>>>electric
>>>>>blanket...
>>>>>
>>>>> True, this is an attempt at humor but, has anyone taken this
>>>>>possibility into consideration? I can see MANY potential avenues
>>>>>leading
>>>>>toward potential abuse of power (or pure ignorance) on this matter!
>>>>>It's
>>>>>downright scary! Especially when a legal operator could potentially be
>>>>>arrested due to simply living near a faulty receiver. (Do you REALLY
>>>>>think the local detective squad can determine the difference in a
>>>>>"clean" or "dirty" transmitter and/or a poorly designed receiver that
>>>>>is
>>>>>prone to intermod and signal overload? Give me a break!
>>>>>
>>>>>
>>>>>Keith Hammond
>>>>>
>>>>>KBKH-FM (Shamrock, Texas) - Looking to buy a Pizza Hut to support the
>>>>>station!
>>>>>
>>>>>(806) 256-1221
>>>>>
>>>>>
>>>>>
>>>>>_______________________________________________
>>>>>This is the BROADCAST mailing list
>>>>>To send to the list, email: broadcast at radiolists.net
>>>>>For sub changes, archives and info on this other lists:
>>>>>http://www.radiolists.net/
>>>>
>>>>
>>>>
>>>>_______________________________________________
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>>>>http://www.radiolists.net/
>>>>
>>>
>>>
>>>_______________________________________________
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>>>
>>>
>>>
>>>
>>>
>>>_______________________________________________
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>>>http://www.radiolists.net/
>>>
>>
>>
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>
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