[BC] Zoning issues

[Mike McCarthy]

Yup...FCC doesn't want to get into local issues.  Which is understandable since the Comm Act doens't give them authority by definition.  Rather by oversight.

It's the station owner which needs to fight that battle in the local and state courts.

There has to be some pieces of the story missing.  I find it totally irresponsible for local zoning to categorically exclude those for public safety.

MM 



> 
> I remember that fight up in NH.  Our local zoning officials were
> watching that too. If the FCC isn't going to congress to stand up for
> us, who then will?  When it comes to local battles, the FCC wants to
> stay out of it.
> Mike, this is why I've been an advocate of somebody coming up with new
> ways for AM.
> I appreciate what Tom King at Kintronics has done with the Kinstar, but
> still it's going to require much land that developers want. They are
> fighting even in rural areas. I thought the e-h antenna was going to
> bring some promises, but when Ted Hart tested it at the local station in
> GA, I was told it had a 20 db loss in gain. Not good!
> Some one brought up the cross field antenna to me this morning, I think
> there is a major difference between the cross field and e-h antennas.
> 
> Scott  
> 
> -----Original Message-----
> From: broadcast-bounces at radiolists.net
> [mailto:broadcast-bounces at radiolists.net] On Behalf Of Mike McCarthy
> Sent: Thursday, September 21, 2006 9:32 AM
> To: Broadcasters' Mailing List
> Subject: Re: [BC] Zoning issues
> 
> 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
> 
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> _______________________________________________
> 
> The BROADCAST [BC] list is sponsored by SystemsStore On-Line Sales
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> 
Mike McCarthy

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