There's a Circuit Court Opinion on point as well. I don't know the cite, but
it says the same thing. The FCC completely occupies the field. State and
local ordinances are invalid. There's another one covering the FCC's total
occupation of the RF Exposure area. I think that one is in the Second
Circuit.
My opponents brought up both arguments and were shot down at the ZBA. The
arguments never came up in the Superior Court or at the Supreme Court.
73, Jerry, K0TV
----- Original Message -----
From: "Scott Townley" <nx7u@arrl.net>
To: "Chuck O'Neal" <cdoneal@comcast.net>; <towertalk@contesting.com>
Sent: Tuesday, July 08, 2003 12:13 AM
Subject: Re: [TowerTalk] Potentially interesting FCC ruling today
> http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2196A1.pdf
>
> Substitute .txt or .doc if you would rather have it in ASCII (.txt) or as
a
> Microsquish Word document (.doc)
>
>
> At 21:09 2003-07-07, Chuck O'Neal wrote:
> >Very interesting, and thank you! How can we get a copy of this?
> >Can you provide a link or directions how to access this?
> >73,
> >Chuck..K1KW
> >
> >----- Original Message -----
> >From: "Scott Townley" <nx7u@cox.net>
> >To: <towertalk@contesting.com>
> >Sent: Monday, July 07, 2003 5:19 PM
> >Subject: [TowerTalk] Potentially interesting FCC ruling today
> >
> >
> > > DA 03-2196
> > > WT- Docket No. 02-100
> > > Adopted July 3, 2003 and released July 7, 2003
> > > MO&O stating essentially that municipal ordinances which directly
> > regulate RFI are
> >invalid, as the FCC is the sole jurisdiction regarding RFI.
> > > Case was a cellular carrier vs. a county in MD. County ordinance was
> > directed at
> >commercial carriers, but precedent is important!
> > >
> > >
> > > Scott Townley NX7U
> > > Gilbert, AZ DM43di
> > >
> > > _______________________________________________
> > >
> > > See: http://www.mscomputer.com for "Self Supporting Towers",
"Wireless
> > Weather
> >Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any
> >questions and ask for
> >Sherman, W2FLA.
> > >
> > > _______________________________________________
> > > TowerTalk mailing list
> > > TowerTalk@contesting.com
> > > http://lists.contesting.com/mailman/listinfo/towertalk
>
> Scott Townley NX7U
> Gilbert, AZ DM43di
> http://members.cox.net/nx7u
>
> _______________________________________________
>
> See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless
Weather Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any
questions and ask for Sherman, W2FLA.
>
> _______________________________________________
> TowerTalk mailing list
> TowerTalk@contesting.com
> http://lists.contesting.com/mailman/listinfo/towertalk
>
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