On Tue, 8 Jul 1997 11:36:17 -0500 (CDT), KENNETH S. MCTAGGART wrote:
>Dear Ham-Law Gang:
>
> The enclosed is from a friend who is in commercial radio and is a
>VCE. Anybody familiar with the citation and what happened here?
>>Saw this on the FCC Daily Digest. I don't know what it involves, but
>perhaps it
>>could be applicable in antenna cases. Clearly they have set some precedent
>here
>>if they have gone through the trouble of issuing a declaratory ruling.
Don't
>>know if it would be useful, but thought I'd send it over to one of you
lawyer
>>types.
>>
>>----------------------------------------------------------------------
>>PETITION OF JAMES MOFFAT. Granted James Moffat's petition for a
>> declaratory ruling that zoning restrictions in the Town of Orchard Park,
>> New York are preempted by the Commission's rules. Action by Bureau Chief.
>> Adopted: June 30, 1997. by R&O. (DA No. 97-1362). IB
>>
A feature of the "DBS satellite dish" preemption procedure in the
Telecomm Act of 1996 and codified in Section 1.4000 of the Rules
is that anyone who is affected - the antenna user or the
municipality - can apply to the Commission for a declaratory
ruling, stopping the clock on any action taken against the
antenna user.
As Chris and I have been preaching, this DOES NOT apply to
amateur radio antennas or even "sateliite dishes" used for
amateur radio purposes.
There have been a series of such declaratory rulings coming down
the pipe in the last few weeks. In most cases, the Commission
has held that the installation meets the preemption standrads and
has so ruled. In others, the Commission has ruled that the
requirements of the regulator are reasonable.
I have the printout of the case at the office, if anyone wants to
know the details of the case.
It's a bloody crap shoot.
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