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I I j F' ,\/i f i \ i [ !\) U1! Ci I.] [ ! L, r:. 1\ C; i., i F' ! [\) C~. :.1 \ i I' i' i" i i April 16. 1981 i:) ~;'r Zoning Commission City of New Br"ighton, Minnesota Re: I mposition of I-I eight Limitations on the Erection of Amateul' Radio A 1"1 ten n,l(; .~_.. ..- ~ .'.-.----,- ...- -'.'_._.~'..'-_..._,.._--' .',,".- ---'-~~~-~--~---~~~'.'~-~~ Gentlemen and lor Ladies: Thi s office t"epl~esents the Amey"ican Radio Relay League, I ncoy'porated, the n<:Jtionwide organization of Amateur' Radio operators with over 160,000 members in the United States, The LCi:lCJUC has been in existence since the earliest days of radio and is actively involved il") the prornotion of Amateur Radio in the public intel"esl. As such, it is most cOllCey'ned about any local restriction on the opey'- ation of Amateur Radio stations. These ar"e Federctlly-'Iicensed instrumentalities of interstate commel'"ce, pervasively contr'olled by the United States Government through the Federal Communications Commission. This office reviews on essen- tially a daily basis local restrictions to determine the extend to which they re~ stl-ict the el'"ection of amateur antennae. It has just come to our attention that a pt"oposal has been initiated to limit the height of personal radio and television antennae used fOI" transmission of radio frequency energy in the Town of New Brighton. Thi s matter is of utmost concern to the American Radio Relay League because the height of an amateur antenna is critical to its effective performance, and hence to the achievement of the Federal objectives sought to be achieved by Amateur Radio, including technical self-training and proven reliable emergency communications. The public service nature of Amateur Radio is documented extensively. Amateur" Radio operators constantly utilize their self-training and skills to serve the public in emergencies and in other public service acticities. Section 97.1 of the FCC Regulations de- fines as a primary basis for and put"[Jose of Amateur Radio the "recognition and enhancement of the value of the amateur service to the public as a voluntary non- commercial communication service, particularly with respect to providing emer- gency communications." Initially, it is significant to note that Amateur Radio, as a noncommercial, hobby-type, public service oriented activity, has long been held to be accessory or incidental to normal residential uses. See, e.g. Vill~~!_?~__Loujs v. Cas~_, 218 Minn. 394,16 N.W. 2d 1~59 (1944); Wright_~,~, 7 N.J. 1,80 A. 2d 108 (1951); ~~~~of_.~ord, 368 Pa. 121, 81 A. 2d 533 (1951); Skjnnel~ v. Zoning BO":l,~,of~djustr..n..!~nt, 80 N.J. Super. 380, 193 A. 2d 861 (1963); !2ettmarv.Countz::. Bo?rd of Z_~~~~9~~rpeal~ 28 Ohio Misc. 35, 273 N.E. 2d 921 (1971); !,own of SINCE 1[=114"-0;" IlY f\!\Jrl i~'lr< ,'1.1" P!l.Dlil AMb.Ti"lln