CCP 10-12-1987 - Laserfiche WebLink

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James S. Lyndon, Esq. ~ October 1, 1987 . Page Three _ ------------------------- installations, such regulations also reduce the effective- ness of amateur communications and may conflict with the objectives as evidenced by Federal regulation of the subject matter. The Federal Communications Commission issued Memorandum Opinion and Order PRB-l on September 16, 1985. I am enclosing, for your' review, a copy of the Order. I believe a fair reading of the Order indicates that state and local regulations that operate to preclude amateur communications in their communities are in direct conflict with Federal objectives and must be pre-empted. The Order recognizes that amateur station communications are only as effective as the antennae employed and that antennae height restrictions directly affect the effectiveness of amateur communications. While the Commission did not specify any particular height limitations below which . local government may not regulate, nor did it suggest precise language that must be contained in local ordi- nances, the Commission did determine that "...local regulations which involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to accommodate reasonably amateur communications, and to represent the minimum practicable regulation to accomplish the local authority's legiti- mate purpose." FCC 85-506 36149 PRB-l, Page 10. I also direct your attention to the case of Thernes v. City of Lakeside Park, et al., 779 F.2d 1187, (6th Cir, 1986). This case involved a ban on antenna support struc- tures in Lakeside Park, Kentucky, an entirely residential incorporated community. The matter was initially tried prior to issuance of the FCC's Pre-emption Order. The initial determination by the District Court Judge was in favor of the community. The FCC Pre-emption Order was issued in the midst of the 6th Circuit Appeal. The City . -----------