North Carolina "Antenna Bill" passes Senate committee by Gary Pearce KN4AQ, ARRL NC Public Information Officer RALEIGH NC, June 14, 2007 The North Carolina "Amateur Radio Antenna Bill" - officially House Bill 1340 - cleared another hurdle today as the state Senate Committe on Commerce, Small Business and Entrepreneurship unanimously recommended its passage by the full Senate. The Senate could vote on it as early as next week. If it passes as expected, it must stop by the House one more time for approval of a minor change in the text. Then it's on to the Governor for his signature. It's possible the bill will become law before the end of the month, and would take effect in October. H1340 is essentially a North Carolina version of FCC rule PRB-1 which requires states and municipalities to provide "reasonable accommodation" of Amateur Radio antennas (complete H1340 text below). H1340 adds specific language about permitting antennas up to 90 feet, though zoning boards would have some latitude based on health, safety and aesthetic concerns. However, the bill's primary value is that zoning boards, county and city councils will pay attention to a state statute, while they might have trouble recognizing an obscure FCC rule (PRB-1 is an FCC rule). The bill slid through the Senate committee as quickly as it did the House Ways and Means Committee on May 2. The bill's sponsor, Rep. Daniel McComas (R, New Hanover County), introduced the bill to the committee, and former Wilmington Mayor Hamilton Hicks, KB4BR, spoke briefly about the need for this legislation following experience with Hurricane Katrina and others, and the difficulty some hams have had getting permission to erect effective antennas. Hicks is well known by many House and Senate leaders. One committee member asked if the bill would override CC&R's (deed restrictions and Homeowner Association rules). He was assured it would not, although Hicks did say that the statute would give ham radio operators something to use to open discussions with Homeowner Associations. Another member asked if the The North Carolina League of Municipalities had any objections. Hicks said he had discussed the bill with their leadership and asked them to present any objections - they had none. The bill passed the Senate committee unanimously on a voice vote. Also attending the meeting were ARRL NC Section Manager Tim Slay, N4IB, and PIO Gary Pearce, KN4AQ. Hicks and Slay learned that the bill was actually written by Gerry Cohen, Director of the Bill Drafting Division for the General Assembly, who introduced himself outside the meeting room. Cohen is also N4GC, a ham since 1964 who grew up in the shadow of the ARRL's old headquarters in Hartford CT. Cohen said that he saw an early draft of the bill being prepared by one of his staff lawyers who didn't have experience with Amateur Radio. He took up the project himself. Hicks and Slay were also interviewed outside the conference room by WUNC Radio legislative reporter Laura Leslie. Leslie said that she became interested in the bill when it was first introduced. While full Senate passage is more than a formality, no resistance is expected, and Ham Hicks said that no additional lobbying of state legislators is needed. When hearing about this bill, may hams ask if the General Assembly will ever receive a bill that would override CC&R's. No such bill is planned, and the immediate questions asked about that by members of both the House and Senate committees shows that such a bill would be more controversial. The FCC has declined to extend PRB-1 coverage to CC&R's on a federal level. ARRL supported bills in Congress that would do that have been introduced in each of the past several sessions, but have died without action. The ARRL continues to list that as a legislative priority. FULL TEXT OF H1340: AN ACT TO RECOGNIZE THE VALUE OF AMATEUR RADIO COMMUNICATIONS BY REQUIRING CITY AND COUNTY ORDINANCES REGULATING ANTENNAS TO REASONABLY ACCOMMODATE AMATEUR RADIO COMMUNICATIONS. A city ordinance based on health, safety, or aesthetic considerations that regulates the placement, screening, or height of the antennas or support structures of Amateur Radio operators must reasonably accommodate Amateur Radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose of the city. A city may not restrict antennas or antenna support structures of Amateur Radio operators to heights of 90 feet or lower unless the restriction is necessary to achieve a clearly defined health, safety, or aesthetic objective of the city. This act is effective when it becomes law. (The Senate version changes this to a specific date in October, 2007. This change must be approved by the House before it can be signed by Govenor Easley).