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Page Two July11,1996 interests. The FCC specifically determined that the following preemption of state and local regulations was warranted: 1 . State and local regulations that operate to preclude amateur communications in their communities are in direct conflict with federal objectives and must be preempted. PRB-1 Para. 24. 2. 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 practical regulation to accomplish the local authorities legitimate purpose. PRB-1 Para. 25. The Eighth Circuit Court of Appeals in Pantel v. City of Mendota Heiahts. 13 Fed. 3rd 4061 (8th Cir. 1994) reviewed the Mendota Heights, Minnesota zoning ordinance and found even though the city's aoplication of it's zoning ordinance was in conflict with PRB-1 even though it neither banned nor imposed an unvarvinQ restriction on amateur radio antennas, and it contained a provision for a conditional use permit The 8th Circuit in Pentel noted that PRB-1 preempts a zoning ordinance unless it is applied in a manner that "reasonably accommodates amateur communications". In the past municipalities have suggested that a reasonable accommodation can be effected by a balancing of local and federal interests. The court in Pentel clearly stated that a simple balancing of interests by the city will not be sufficient. When an amateur has shown a reasonable basis for the antenna proposed it is the duty of the municipality to reasonably accommodate amateur communications. The burden of reasonable accommodation falls on the city and not on the amateur. Perhaps the most important provision of PRB-1 is the requirement that the restrictions or limitations imposed by the ordinance must be the minimum practical restriction necessary to effect the local authorities legitimate purpose. The burden of demonstrating the ordinance meets the tests falls upon the municipality not the amateur. The Roseville ordinance contains a number of provisions which raise concerns as to apparent conflicts with PRB-1 including the following: 1. No distinction is made between amateur and those commercial and non- amateur towers which have the protections afforded by PRB-1. 2. The requirement as to certification and calculation by a Minnesota Professional Engineer appears to-be disproportionate to any reasonable risk.