[BC] Zoning issues

[Mike McCarthy]

There was a STATE supreme court case in NH which found the local zoning people can not categorically exclude towers for AM broadcasting. The court found FCC has specific jurisdiction over their siting and that reasonable accomodations must be made for the sitng of those towers.

Contact Chris Imlay at SBE about this case. While state case law doesn't necessarily carry across state lines, there is some consistency because it involves a certain amount of federal oversight which would cause the local courts to probably review the local ordinances if challenged.

Right now, Congress is the only vehicle which can categorically by statute exclude certan towers from local zoning. FCC has PRB-1 for Part 97 towers. But the policy requires only "reasonable accomadation" to those towers, generally below 60 ft.  FCC has repeatedly said no to anything more than PRB-1's current pre-emption.

Beyond that, the locals are fighting tooth and nail not to loose the level of oversight they have now.  And the feds have generally agreed that zoning/land use is a local issue best left to the locals.

MM

 
> 
> Isn't this something the NAB is working on, to help broadcasters?
> 
> At 10:25 AM 9/20/2006, Bailey, Scott wrote
> >    My station in Gallatin, TN, when we got ready to replace my old 195'
> >wind charger tower, codes came to me and want me to go down to 100'. At
> >the time, my knowledge of unipoles, was not good, and I was still
> >learning about what top loading was.
> 
> 
> >    This was 1999. Today, Sumner County Codes are trying to stop any
> >tower building at all, including for 2 way emergency use in the UHF
> >band, with is really stupid. WQKR (1270), Portland, TN, was forced off
> >their licensed tower site by property owner Larry Collins. I think he
> >wanted the towers gone to use the land to expand a factory building
> >nearby..
> >    WQKR former owners went in front of City Codes for a new site found,
> >and were turned down. They then found a possible site location outside
> >the City of Portland, in the county. Sumner County said...hell no, and
> >asking why do you need 2 towers anyway?
> 
> 
> 
> 
> 
> _______________________________________________________________________
> Barry Mishkind     -       Tucson, AZ    -   520-296-3797
> 
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> 
Mike McCarthy

Sent from my traveling account.
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