State Government Liaison

The FCC has extended the deadline for comments about Broadband over Power Lines (BPL) until June 22, 2004. This is a major move on the part of the FCC who had earlier rejected extension of the deadline when ARRL requested it. This extension is only granted by request of the NAC/Amherst in order to allow time for Phase 2 results of the NTIA study of BPL.

I know many of you have already sent your comments and we appreciate that, but PLEASE, those of you who have not, now is our chance to make our collective voice heard. Let us roar as loudly as the static on the BPL samples we have heard. For those of you who have not heard, check out the ARRL BPL Information Page on their Website at www.arrl.org/tis/info/HTML/plc/#Video. Also, the first several articles on the homepage at www.arrl.org have great information about BPL and exactly how to make your comments.

I read recently that only about 4,000 hams had commented. If we do not let the FCC know that this is extremely important to a lot of hams then we stand in jeopardy of BPL being approved. Please, everyone, take a moment to view the video and hear the interference. Then write the FCC and let them know this is not acceptable to us. Thank you!!

Lately there has been much written and said about the potential danger to ham radio operations from interference caused by Broad Band Over Power Lines should that become an approved and widely used means of internet communications. Presently the ARRL website, www.arrl.org has 2 very good articles about this. They are (as of October 30, 2003) the first 2 articles on that page. One has to do with a startup of BPL in Massass, VA, the other is an editorial from QST which the editors have decided to release to the general public by way of their website in order to keep all hams, not just ARRL members, informed. Please take a moment to read these articles and keep up to date on what's happening on the BPL front. So far there is no formal legislation pending regarding this - it's still in the wrangling stage with the FCC - but it is something we should all be aware of and informed about.

Much progress has been made on the Spectrum Protection Act and on the CC&R Bill pending in Washington, however, as evidenced by the direct quote below from the ARRL Newsletter, now is the time for all of us to contact our Representatives and Senators in Washington, D.C. to let them know how important these Bills are to each of us. Please review President Jim Haynie's message to us from the newsletter, copied below, and then write your Representative and Senator. If you have questions, please feel free to e-mail them to me and I will do the best I can to answer you. Thanks for your support and involvement. It is only with the continued support of us all that Bills like these, for the good of all hams, can be passed and made law.

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The ARRL Letter
Vol. 22, No. 41
October 17, 2003
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ARRL President Jim Haynie, W5JBP, says the good news is that the number of House cosponsors for the Amateur Radio Spectrum Protection Act, HR 713, has topped 50. The Senate version of the legislation, S 537, now has eight cosponsors. The downside, Haynie says, is that the Spectrum Protection Bill as well as the Amateur Radio Emergency Communications Consistency Act, HR 1478, will need many more cosponsors if either is to succeed.

"I'm frustrated," Haynie said this week. "Neither one of these bills is ever going to see the light of day unless we get more cosponsors." While thanking those who already have done so, Haynie again encouraged ARRL members to not only urge their senators and representatives to cosponsor the bills but to write and ask them to actively support them.

"It's going to take 10,000 letters, it's going to take 50,000 letters or contacts," Haynie said. "To me, this is a no-brainer. This is something that's important to the future of Amateur Radio."

Sponsored in the House by Rep Michael Bilirakis (R-FL) and in the Senate by Sen Michael Crapo (R-ID), the Spectrum Protection Act would require the FCC to provide "equivalent replacement spectrum" to Amateur Radio if the FCC reallocates primary amateur frequencies, reduces any secondary amateur allocations, or makes additional allocations within such bands that would substantially reduce their utility to amateurs.

The latest House members to sign aboard HR 713 include representatives Jo Bonner (R-AL); John Peterson (R-PA); Albert Wynn (D-MD); George Nethercutt (R-WA); Jim Ramstad (R-MN); Barney Frank (D-MA); Todd Tiahrt (R-KS); and Fortney "Pete" Stark (D-CA). The latest Senate members to sign aboard S 537 are Carl Levin (D-MI) and Christopher Dodd (D-CT).

HR 713 has been referred to the Subcommittee on Telecommunications and the Internet. In June, Haynie testified before that panel, telling lawmakers that that hams have lost more than 100 MHz of VHF and UHF spectrum over the past 15 years and that another nearly 360 MHz of VHF and UHF spectrum "has been substantially compromised." S 537 has been referred to the Committee on Commerce, Science, and Transportation.

The Amateur Radio Emergency Communications Consistency Act, HR 1478--known informally as "the CC&R bill"--would require private land-use regulators such as homeowners' associations to "reasonably accommodate" Amateur Radio antennas consistent with the PRB-1 limited federal preemption. PRB-1 now applies only to states and municipalities. Introduced by Rep Steve Israel (D-NY), the bill has been referred to the House Commerce Subcommittee on Telecommunications and the Internet and now has 29 cosponsors.

Among the latest to get onboard HR 1478 are JD Hayworth (R-AZ); David Price (D-NC); Rep Mike McIntyre (NC); Anna G. Eshoo (CA-14); and Mark Udall (D-CO). No equivalent bill yet exists in the Senate.

Haynie says that if ARRL members value Amateur Radio and want these proposals to succeed, they'll make the time to write letters or send e-mails pushing for support of the three measures. "Peoples' own words and their own expressions are what's going to count, not some canned letter from Newington," Haynie said, while conceding that a form letter "is better than nothing." Haynie said a personally crafted letter or e-mail "adds a lot of weight."

"We'll do our part to get more organizations to support these bills," Haynie said. The League has been contacting other organizations involved in public safety that have firsthand knowledge of the value of ham radio to the public and advocating their support. But, Haynie said, letters from individual voters get the most attention.

Cosponsorship is important while a bill is in committee, and Haynie suggests that a representative or senator who gets 40 or 50 letters from on a topic is going want to sign on to that bill.

"I can't emphasize enough the importance of that contact to the member of Congress from the constituents out there in the district," Haynie concluded, "because that's the ticket."

For guidance on the best methods of contacting your members of Congress, see "Communicating with Congress," by Derek Riker, KB3JLF, on the ARRL Web site http://www.arrl.org/news/bandthreat/0304046.pdf or in the April 2003 issue of QST (p 46).

Additional information--including the bills' texts and information on how to write your congressperson or senators--is on the ARRL's "The Amateur Radio Spectrum Protection Act of 2003" Web page http://www.arrl.org/govrelations/arspa.html and on the "HR 1478, The Amateur Radio Emergency Communications Consistency Act of 2003" Web page http://www.arrl.org/govrelations/hr1478

Those writing their lawmakers on behalf of either bill are asked to copy their correspondence to the League via e-mail: Spectrum Protection Act, HR 713/S 637 specbill03@arrl.org or Amateur Radio Emergency Communications Consistency Act, HR 1478 ccr-bill@arrl.org

Fellow Tennessee hams, I am pleased to announce that Governor Phil Bredesen has just signed a Proclamation declaring Amateur Radio Week to be the week of June 27, 2003 through July 3, 2003 - just in time for our Field Day! Text follows:

Our TN Section Public Information Officer, Greg Tomerlin, WN4M, will make the announcement to as many area media as possible. Also, local PIO's, please check with Greg, to learn how you can help with dissemination to your local media. I hope this will be an extra "pride-booster" for us all in our upcoming Field Day activities.

Fellow Tennessee Hams, I am hearing a lot of heated discussion regarding the above referenced bills. I have read and re-read them and cannot see that they directly affect amateur radio nor amateur radio operations. These bills focus on theft of a commercial telecommunications service of some kind with the intent to use what was stolen for unlawful purposes. I realize it sounds very broadly written, but if you crawl through all the verbiage, the parts that sound as though they may affect hams always come back around to being related to some kind of money-making telecommunications enterprise AND being related to intentional illegal activity.

One of our fellow hams has received input from Rick Lindquist at ARRL, who writes:

Further, I have mentioned it to Chuck Skolaut at ARRL Headquarters and he replied:

Basically, so long as your activities with regard to the listed equipment as it relates to amateur radio is legal and you have no illegal intentions with regard to that material or equipment (and that kind of intent is very difficult to prove), I do not see where Tennessee hams should be so very upset as they appear to be. As you read it again, read the definitions and look for the delimiters that make it pertinent to commercial telecommunications entities and that call for knowledge of or the actual intent to commit an unlawful act. If you are not engaged in any of the above I do not see what the problem is. Feel free to write and enlighten me if you disagree.

Well done, Tennessee hams! Congratulations! Governor Phil Bredesen signed the Tennessee PRB-1 equivalent antenna bill into law on April 29, 2003. It becomes effective immediately.

I would like to thank all of the people who worked so hard on this bill last year and paved the way for an easier road this year. Special thanks for their help and support of our work this year go to Terry Cox, KB4KA, Section Manager; Jimmy Floyd, NQ4U, Coffee County LGL who has agreed to be my Asst. SGL; and Greg Tomerlin, WN4M, Public Information Officer (without him this would not be on the website!). Thank you, too, to the many Tennessee hams who wrote to their legislators every time I requested the next wave to get this passed through the various committees and House and Senate. Lots of you kind folks have stopped me when you've seen me or written to me and thanked me. That is so kind, but really, it wasn't me - it was all of you. This is our law - all of us. I hope that it will serve its intended purpose well. Again, Congratulations, Tennessee hams!

Congratulations, Tennessee Hams!! Your efforts in contacting your Representatives and Senators have paid off - the Senate passed the Companion House Bill today, 31 to 0 (out of 33, no abstentions)! What that means is that the Senate withdrew the amended version of the Senate Bill and substituted the House Bill that had recently passed in the House by unanimous vote instead (the difference was in some extremely minor word changes that made no difference in the meaning and either amended bill was really just fine). However, this way both Bills match exactly and it passed with flying colors. Thank you all for your hard efforts in writing to the legislators who represent you and to other legislators from across Tennessee. Thank you for putting up with what must have seemed like a "Chinese fire drill" at times - it just moved so fast I barely had time to let everyone know what was happening before more had happened again. Thank you for your patience. Most of all, thank you all for being the best group of men and women to work with ever.

Now there remains a campaign to let the Governor know that we would appreciate him signing the Bill. I have again included a sample letter for your use or you may use it as a guide. Governor Bredesen's email address is phil.bredesen@state.tn.us If you prefer to mail your letter, send it to:

With the Governor's signature, Tennessee will at long last have a PRB-1 equivalent law on the books. Thanks to you all.

Ingrid Klose, KD4F
State Government Liaison
Tennessee Section, ARRL
kd4f@arrl.net

On 10 April 2003, the Senate Calendar Committee placed our Amended Senate Bill SB0365 / SA0120 on the calendar for Monday, 14 April 2003. That is this coming Monday. We have just a few hours to convince our senators to support this important legislation. Now is the time to write, call and/or email your senator and ask him/her to vote for Amended Senate Bill SB0365 / SA0120. You may use this sample letter, or write your own, but do one or the other TODAY! Please don't wait. ACT TODAY!

If you do not know who your senator is, click here: District Map and note the number corresponding to your location. This is your Senatorial District. To find contact information for your senator go to www.legislature.state.tn.us and on the left side of your browser window click on "Senate" then click on "Members" and scroll down the list until you find your senator or District number. Then contact them today and ask them to vote FOR Amended Senate Bill SB0365.

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Thanks to everyone for your continued efforts in supporting this important legislation.

Ingrid Klose, KD4F
State Government Liaison
Tennessee Section, ARRL
kd4f@arrl.net

On 8 April 2003, the Senate State and Local Government Committee recommended (9 ayes, 0 nays) our Amended Senate Bill SB0365 for the Senate Calendar Committee. The Calendar Committee (Rusty Crowe, Chairman; Ben Atchley; and Ward Crutchfield) will now schedule a date for the Bill to be introduced on the Floor of the Senate. Now is the time to write, call and/or email your senator and ask them to vote for Amended Senate Bill SB0365/SA0120. You may use this sample letter, or write your own, but do one or the other today.

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Thanks to everyone for your continued efforts in supporting this important legislation.

Ingrid Klose, KD4F
State Government Liaison
Tennessee Section, ARRL
kd4f@arrl.net

Today I received notice that the Senate sponsor will introduce our Bill to the Senate State and Local Government Committee next Tuesday, 8 April 2003. Thus, now is the time to write the Senators on that committee and show your support for Senate Bill SB 0365 as Amended. You may use this sample letter or write your own, but be sure they know it is the amended version that is incorporating the federal regulation into the state statute (i.e., the amended version). Senators on the State & Local Government Committee include:
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Senator		email address
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Steve Cohen, Chairman		sen.stephen.cohen@legislature.state.tn.us
Rosalind Kurita, Vice-Chairman		sen.rosalind.kurita@legislature.state.tn.us
Bill Ketron, Secretary		sen.bill.ketron@legislature.state.tn.us
Tim Burchett		sen.tim.burchett@legislature.state.tn.us
Thelma Harper		sen.thelma.harper@legislature.state.tn.us
Joe Haynes		sen.joe.haynes@legislature.state.tn.us
Don McLeary		sen.don.mcleary@legislature.state.tn.us
Ron Ramsey		sen.ron.ramsey@legislature.state.tn.us
	.
Jeff Miller (SB0365 Sponsor)		sen.jeff.miller@legislature.state.tn.us

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Thanks to everyone for your continued efforts in supporting this important legislation.

Ingrid Klose, KD4F
State Government Liaison
Tennessee Section, ARRL
kd4f@arrl.net

Fellow Tennessee hams,

Today House Bill 1010 as Amended (the Bill we had proposed and were supporting) passed the House of Representatives by unanimous vote. I will be again speaking with the senate sponsor regarding the timing of his notice to the Senate Committee and will post a notice on this website for you to write committee members as soon as I know the date for introduction.

Thank you all for your personal support and the many letters of support for the bill that went to your Representatives on what seemed like increasingly short notice. I have spoken to many of you at some recent hamfests and I appreciate all your words of encouragement and your interest in getting this bill passed.

When it comes before the Senate Committee on State and Local Government I believe it will be identified as SB 0365 as Amended. You may wish to go ahead and draft your letters (or a sample is available per the link below) and hold them until we are sure it is actually amended as was the House Bill and we know the date it will be introduced.

Again, keep up the good work and thanks to all our great Tennessee hams for supporting this legislation!

Ingrid Klose, KD4F
State Government Liaison
Tennessee Section, ARRL

The House Calendar and Rules Committee placed the amended HB1010 legislation on the House Calendar for 31 March 2003. This means HB1010 will be introduced on the House Floor Monday, 31 March 2003. Please contact your representatives TODAY and ask them to support this important legislation.

If you do not know who your representative is, click here: District Map then click on your location. This will show you your House District. To find contact information for your TN House Representative go to www.legislature.state.tn.us and on the left side of your browser window click on "House" then click on "Members" and scroll down the list until you find your representative or District number.

Here is a sample letter which you may use to craft your email. If you know your representative, you might also call him/her and ask them to support the amended House Bill 1010. There is no time to waste, so act now.

To read the amendment to HB1010 click here: HA0070 - Amendment to HB1010 (Adobe Acrobat Reader required .pdf)
To read the unamended HB1010 click here: House Bill - HB1010 (Adobe Acrobat Reader required .pdf)
For a brief summary of HB1010 click here: HB1010 Summary

Ingrid Klose -KD4F
State Government Liaison
Tennessee Section, ARRL
kd4f@arrl.net

Yesterday the House antenna bill as amended by our amendment, HB1010 as amended, passed the House State and Local Government Committee and was referred to the House Calendar and Rules Committee to be heard tomorrow. Therefore, if you wish to show your support please refer to the House Calendar & Rules Committee page here on this site for a listing of the members of that committee, and, at this point, write to them only, please. Do not write to all the Reps. in the House until it reaches the House floor or they will not yet have seen what you are talking about. But please DO write to the committee members. You will find a sample letter here. Thanks to all of you who are helping support this bill and asking the appropriate committee members to support it as well.

On February 13, 2003 I met with Rep. Chris Newton and Sen. Jeff Miller in Nashville and proposed a draft version of a Tennessee Amateur Radio antenna bill which would mirror PRB-1 in that it requires adherence to both 101 FCC 2^nd 952 (PRB-1) and its codification, 47 CFR 97, and would require municipalities and counties, when considering legislation involving the placement, screening, or height of an amateur radio antenna, to reasonably accommodate amateur radio communications and represent the minimal practicable regulation to accomplish the municipality's purpose.

On that same day or the day before, a bill was drafted regarding antenna height restrictions, which was far more detailed, including minimum height restrictions based upon population densities. The wording of this bill was a revised version, yet similar, of the bill which met such strong opposition last year that it never made it out of the State and Local Government Committee and onto the House and Senate floors. This bill was submitted by the drafter of last year's bill. Last year your Tennessee Section of the ARRL supported such a bill, but our thinking has changed since then.

This year we felt that including minimum height language into the bill as drafted created the potential for several problems. First, people who now live in areas where there is no antenna height restrictive legislation might well find themselves facing such restrictions if state legislation dictated a minimum height, rather than a requirement that the municipality/county consider the appropriate needs and requirements of each installation individually, which is what occurs under the language we proposed. Second, imposing language about certain minimum heights into state statute might still be perceived as undermining the authority of individual municipalities/counties to draft their own ordinances as per the specific needs of their communities. That is not and was never the intent of these bills. With legislation written as we proposed it is the intent of the Tennessee Section of the ARRL to simply make municipal and county legislators aware that the Federal rule exists and that reasonable accommodation for amateur radio must be made when they are drafting local ordinances.

Last week the House bill as supported by the Tennessee Section of the ARRL was amended onto the bill as first presented. Thus, our bill amended (superseded) the one first drafted, which we did not support.

The amended bill has passed out of the House sub-committee on State and Local Government and is now in the full State and Local Government Committee, to be presented tomorrow, March 25, 2003, with a recommendation from the sub-committee that it be passed if amended (i.e., if superseded by our bill). The Senate bill is in the process of being revised accordingly and will then be presented as well.

Please support the bills by writing to your House and Senate State and Local Government Committee members and asking them to vote for the amended bill. A listing of the committee members can be found on the state website at www.legislature.state.tn.us. After the bills have passed their respective committees and are presented on the floors of the House and Senate we will be requesting that you write your own Representatives and Senators as well as those of other counties across the state. However, for now, please keep your letters and e-mails to the committee members for the House and the sub-committee members for the Senate.

Please direct any questions to me at kd4f@arrl.net. Thank you all for your help and support with this effort to help Tennessee achieve antenna legislation workable for all of us.

State Government Liaison Archives

Ingrid Klose, KD4F