Hams in Illinois now have a state
law granting them the same protections as FCC rules regarding municipal
ordinances restricting amateur radio antennas. Governor Pat Quinn signed the
"PRB-1"-based bill into law in early July. Extending the FCC's
protections to state law removes any question of federal pre-emption in terms
of compliance by municipal governments. The new law does not, however, extend
to private land use regulations such as homeowner association rules and
so-called CC&Rs (conditions, covenants and restrictions).
Speaking of CC&Rs, the FCC
has turned down a petition by Len Umina, W7CCE, to extend the provisions of
PRB-1, the limited federal pre-emption of state and local antenna ordinances,
to private land use regulations. The Commission said it specifically exempted
private rules from its original ruling back in 1985 because they were part of contract
agreements, not laws, and in a 2001 ruling, said it would not change that
position unless ordered to do so by Congress. The FCC also noted that it is in
the midst of conducting a Congressionally-mandated study of the effects of
private land use regulations and other "impediments to enhanced Amateur
Radio Service communications," and would not consider taking any action in
this area until Congress reviews its conclusions and decides whether to require
any changes via legislation.
