February 16, 1996


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IN THIS UPDATE . . ..


AT DEADLINE . . .


LEAGUE SEEKS STRONGER FEDERAL PREEMPTION POLICIES

The ARRL wants the FCC to go further in compelling state and local governments to reasonably accommodate Amateur Radio and apply the least restrictive means to regulate amateur antennas and activity. The requested rules changes would expand and clarify PRB-1, the Federal preemption of state and local regulation. ARRL Executive Vice President David Sumner, K1ZZ, said the petition is based on the League's years of experience with PRB-1, which the FCC issued in 1985, and to deal with "things that frustrate the intent of PRB-1 or tend to run up the cost" for hams. "We want the Commission to say flat out that localities must find the least restrictive means" to deal with ham radio, he said.

In a Petition for Rulemaking filed February 7, the League calls on the FCC to amend Section 97.15(e) to say that any state or local antenna restrictions limiting ham radio antennas to heights below 70 feet would be "presumed unreasonable," unless the state or local authority could show its restrictions were necessary for health, safety or aesthetic reasons.

Sumner said the League also hopes the FCC will "at least assume a neutral stance" on the issue of so-called restrictive covenants sometimes imposed as part of a homeowner's deed. The League wants the FCC to acknowledge that the Commission "has no less interest in the effective performance of an Amateur Radio Station" in an area regulated by deed restrictions, covenants, or condominium regulations, rather than by zoning ordinances. The ARRL asks the FCC to clarify that local government's role in applying PRB-1 is to accommodate ham antennas rather than to balance local interests against Federal interest in "effective public service amateur communications." State and local governments also could not impose substantial costs on amateur service licensees for local approvals.

The petition further asks the FCC to narrow local government's ability to use zoning ordinances as a sole basis to deny ham radio antennas. Denial of conditional-use permits and special exceptions "does not relieve a municipality of the basic obligation to make reasonable accommodation for amateur communications," the League said in its petition. Even safety-related land use restrictions that effectively limit or restrict ham antennas could be invalid "unless there is no less-burdensome alternative."

The League's filing says clarifying PRB-1 would help guide municipalities to enact provisions that fairly accommodate Amateur Radio and avoid highly divisive litigation between hams and localities. Under the suggested changes, local governments could apply to the Commission for a full or partial waiver of the amended rules. The jurisdiction would have to demonstrate that "local concerns of a highly specialized or unusual nature" override the Federal interest.

The FCC has not yet assigned a rulemaking (RM) number to the ARRL's petition.

Here is the suggested wording of Section 97.15(e) the ARRL's petition requests:

(1) State and local regulation of a station antenna structure must not preclude amateur service communications. Rather, it must reasonably accommodate such communications; it must constitute the minimum practicable regulation to accomplish the state or local authority's legitimate purpose; and it must not impose substantial costs on amateur service licensees.

(2) Any state or local antenna restriction or regulation which, on its face or as applied, would limit amateur station antennas to heights below 70 feet is presumed unreasonable unless the promulgating authority can demonstrate that such regulation is necessary to accomplish a clearly defined, and expressly stated health safety or aesthetic objective; that there is no less burdensome alternative to the regulation; and that the Federal interest in efficient amateur radio communications from the amateur station at issue is otherwise reasonably accommodated.

(3) Any state or local authority, or other entity that wishes to maintain and enforce zoning, land use or other regulations or restrictions inconsistent with this section may apply to the Commission for a full or partial waiver of this section. Such waivers may be granted by the Commission in its sole discretion, upon a showing by the applicant that local concerns of a highly specialized or unusual nature create an overwhelming necessity for regulation inconsistent with this section. No application for waiver shall be considered unless it includes the particular regulation for which waiver is sought. Waivers granted according to this rule shall not apply to later-enacted or amended regulations by the local authority unless the Commission expressly orders otherwise.

NEW REPORT ON ELECTROMAGNETIC FIELDS AT HAM STATIONS

The FCC has issued a new report of RF field measurements at Amateur Radio stations and will use the report to help it decide how to implement newly revised guidelines for human exposure to RF energy. The FCC Office of Engineering and Technology's technical report, "Measurements of Environmental Electromagnetic Fields at Amateur Radio Stations," describes a joint measurement study of environmental radio-frequency fields conducted during 1990 at nine ham stations in southern California by the FCC and the US Environmental Protection Agency. The study chose amateur stations that represent a variety of common antenna and equipment types, the FCC said.

Measurements of electrical and magnetic field strength were taken in areas near antennas and equipment to determine typical and worst-case exposure levels of ham operators and others who might be in the vicinity. The investigators used both broadband and narrowband instruments. Measurements at most of the stations did not exceed current RF protection guidelines for field strength and power density in accessible areas, the report states. The highest readings in accessible areas "were generally associated with vehicle-mounted antennas." But the report says routine exposures from such antennas likely would be within safety guidelines when "duty factors" are taken into account. The report says the use of maximum power levels and different facility configurations could result in higher exposure levels than those measured.

The report says the RF exposure precautionary measures in The ARRL Handbook for Radio Amateurs "should be sufficient to prevent exposure of the amateur operator or other persons to RF levels in excess of protection guidelines." These measures include recommendations to: (1) use only the minimum power necessary; (2) minimize transmission time so that time-averaged exposures are acceptable; (3) identify high-field areas and restrict access to them while transmitting and (4) mount antennas as high above ground as practical.

The report, FCC/OET ASD-9601, is available from the National Technical Information Service, 800-553-6847, purchase-order number PB-96-145016. The report also is available from International Transcription Service, 202-857-3800, and as a compressed WordPerfect 5.1 document at http://www.fcc.gov/oet/info/documents/reports/#ASD-9601 on the World Wide Web.

For more information on the technical details of the report, call 202-418-2464.

$2000 FINE AFFIRMED FOR UNLICENSED 11-METER OPERATOR

The FCC's Compliance and Information Bureau has affirmed its decision to fine Danny Lee Coffield $2000 for operating an unlicensed transmitter on 27.7744 MHz in 1993. Coffield, 47, of Lakewood, California, has since obtained his Amateur Radio Technician class license and holds the call sign KE6RIX. After the FCC imposed the penalty, Coffield filed a Petition for Reconsideration claiming FCC agents failed to properly identify themselves; that he had the right, under FCC rules, to remove the unauthorized frequencies from his transceiver instead of being fined and that what the FCC really heard was his legal CB operation "bleeding over" to 27.7744 MHz from an authorized CB channel. The FCC found Coffield's assertions unpersuasive or without merit and noted that it had warned Coffield of the potential penalties for unlicensed operation prior to citing him on September 29, 1993. The FCC's order was adopted February 7, and Coffield has 30 days to pay the penalty. The FCC did not indicate in its notice whether Coffield's ham license, issued in 1995, would be in jeopardy.--FCC

TELECOMMUNICATIONS BILL DROPS VEC CONFLICT RULES

The new Telecommunications Act of 1996 enacted 21 proposals to "reinvent" the FCC by streamlining or eliminating some of the agency's functions. One change will permit the modification of some of the rules governing Amateur Radio examinations. The new law "eliminates unnecessary conflict-of-interest provisions for publishers and equipment manufacturers to broaden the category of those authorized to administer amateur radio service examinations," the FCC said. The amendment also eliminates "burdensome" recordkeeping and annual financial certification requirements. To become official, the FCC still must incorporate the change into Part 97 of its rules. In theory, at least, the change could open the door to employees of ham equipment manufacturers to become VEs.

Other noteworthy changes in the new Telecommunications Act, signed by President Clinton February 8, would permit unlicensed domestic ship and aircraft radio operation by allowing the FCC to authorize "by rule" rather than through individual licenses. This is the same approach the FCC already has taken with the Citizens Band. The FCC estimates the amendment will eliminate more than 120,000 license applications each year. The law also permits the FCC to hire private contractors to inspect shipboard radio equipment.

The Commission seeks suggestions to upgrade its services and procedures by, among other things, eliminating some functions entirely, reducing paperwork, privatization and "outsourcing" and use of self-regulating organizations. The Commission says it also wants to hear about how it can improve customer service and make better use of computer technology, electronic filing and the Internet to streamline processing.--FCC

SHORT UK CONTEST CALL SIGNS AUTHORIZED

Look for so-called "short" call signs like GM6A or GJ6C to start springing up after May 1. The Radiocommunications Agency in the United Kingdom has agreed to let UK stations use such call signs during major contests. The RSGB HF Contest Committee will administer the system. With the new M-series prefixes also to be issued starting April 1, contesters also might hear call signs like M6A (England) or MW6D (Wales) emanating from the UK during the next operating event.--Tom Wylie, GM4FDM

FCC ISSUED CALL SIGN UPDATE

The following is a list of the FCC's most recently issued call signs as of February 1.

District    Group A     Group B     Group C      Group D
            Extra       Advanced    Tech/Gen     Novice
0           AB0AO       KI0AV        ++          KB0VFH
1           AA1PL       KE1EA       N1WOJ        KB1BWP
2           AB2AA       KG2FN        ++          KB2WXM
3           AA3NK       KE3VY       N3WTW        KB3BNF
4           AE4QB       KT4KE        ++          KF4GNF
5           AC5GK       KK5WI        ++          KC5SQT
6           AC6SH       KQ6DN        ++          KF6BGO
7           AB7OR       KJ7UK        ++          KC7PBF
8           AA8VV       KG8VF        ++          KC8CGD
9           AA9RE       KG9FK        ++          KB9MOU
Hawaii       ++         AH6OK        ++          WH6CZW
Alaska       ++         AL7QI        ++          WL7CRO
Virgin Is   WP2V        KP2CJ       NP2IU        WP2AIA
Puerto Rico  ++          ++          ++          WP4NIR
++All call signs in this group have been issued in this area.

BLIND PHYSICIST, WA6TWX, HONORED BY SETI LEAGUE

The SETI League has presented its Bruno Memorial Award to NASA scientist D. Kent Cullers, WA6TWX, the man who developed the computer software used by radio astronomers to identify alien microwave signals. The SETI League cited Cullers' significant technical contributions to the search for extra-terrestrial intelligence. The award honors the memory of Giordano Bruno, an Italian monk who was burned at the stake in 1600 for contemplating the existence of other inhabited planets. Recent astronomical discoveries, including the detection of new planets, have given some scientists new hope that the universe is teeming with life.

Cullers, blind since birth, says no human eyes are more sensitive than his when it comes to detecting alien civilizations. But he believes recent radio receiver and computer advances have brought technology to a level which makes searching for other civilizations practical.

Congress cut off NASA's SETI funding more than two years ago, but the New Jersey-based SETI League and the California-based SETI Institute have been attempting to continue the research using private money. Cullers now heads the SETI Institute's Project Phoenix search of nearby Sun-like stars.

For more information, call the SETI League membership hotline, 800-828-7384 (TAU-SETI), or contact H. Paul Shuch, N6TX, 201-641-1770; e-mail n6tx@setileague.org.

PHASE 3-D SHOCK TESTS SUCCESSFUL

A series of qualification shock tests have been successfully completed for the Phase 3-D specific bearing structure. That's the structure that will be used to carry the Phase 3-D spacecraft to orbit during launch. The tests in late January and early February exposed the structure to the shock environment expected to be encountered on the Ariane 5 vehicle during launch. Tests also successfully demonstrated the operational performance of the spacecraft's separation system.--AMSAT News Service

MERRILL EIDSON, W5AMK, SK

Merrill Eidson, W5AMK, who, for years ran Eidson Crystals from his home in Temple, Texas, passed away February 5. He had turned 90 in January and had been in failing health for some time. Nevertheless, he was still active on the air until about a month before he died. A CW enthusiast, Eidson (who pronounced his name "Edson") was first licensed in the spark-gap days, in 1923. He started his crystal business, later Eidson Electronics, in 1935 after he'd become interested in crystal control, and his "T9" crystals become favorites among hams. Eventually, he also supplied crystals for broadcast transmitters and sold and serviced radio equipment. Eidson's wife and business partner, Madie, is W5DQF. His daughter, Charlotte Gibson, is N5GJO. Eidson was the subject of "The Oldest Crystal House in Texas," by Jim Musgrove, K5BZH, in December 1991 QST.--Joe Lynch, N6CL


The ARRL Letter is published by the American Radio Relay League, 225 Main Street, Newington, CT 06111, tel 860-594-0200; fax 860-594-0259. Rodney J. Stafford, KB6ZV, President; David Sumner, K1ZZ, Executive Vice President.

Electronic edition circulation, Kathy Capodicasa, N1GZO, e-mail: kcapodicasa@arrl.org.

Editorial, Rick Lindquist, KX4V, e-mail: rlindquist@arrl.org.

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