None of that can be applied.  Strictly HAM radio
stuff, non-commercial.

Don't take your organs to heaven,
heaven knows we need them down here!
Be an organ donor, sign your donor card today.

----- Original Message ----- 
From: "Chuck McCown - 3" <[EMAIL PROTECTED]>
To: "WISPA General List" <[email protected]>
Sent: Tuesday, August 12, 2008 9:38 AM
Subject: Re: [WISPA] Tower site licensing problem


> Good bunch of info here.  Almost all of can be applied to us.
> http://www.arrl.org/FandES/field/regulations/local/prb-1_program.html
>
> ----- Original Message ----- 
> From: "Joe Fiero" <[EMAIL PROTECTED]>
> To: "'WISPA General List'" <[email protected]>
> Sent: Tuesday, August 12, 2008 8:34 AM
> Subject: Re: [WISPA] Tower site licensing problem
>
>
>> We have found that most municipalities have not regulated, beyond a
>> building
>> permit, towers below a certain height.  Some were very generous at 
>> 100-110
>> feet, some were a bit stingy at 50 feet, but the majority has been open
>> for
>> anything of 70-80 feet or below.
>>
>> That to me is a reasonable ordinance that does not classify the single 
>> use
>> tower for a 2-way/WISP as if we were American Tower.
>>
>>
>> Joe
>>
>> -----Original Message-----
>> From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
>> Behalf Of ralph
>> Sent: Tuesday, August 12, 2008 10:28 AM
>> To: 'WISPA General List'
>> Subject: Re: [WISPA] Tower site liscensing problem
>>
>> So what exactly are the zoning rules for structures in that area-
>> specifically towers?  You did not tell us this.
>> Many times any structure of a certain height of any type need a variance
>> or
>> use permit to be there- in our area it is 35 ft. Even applies to a house.
>>
>> Of course if you were a Ham operator and this was a Ham tower and only 
>> Ham
>> antennas were on it, you could try the Federal pre-emption PRB-1. But all
>> this does is help force them to create less stringent rules for that
>> tower.
>> For example, after enlisting the help of an attorney, one local Ham got
>> most
>> of the Counties/Cities here to raise that to 70' as long as proper
>> engineering was done and a few other requirements were ment, such as lot
>> size,etc.
>>
>>
>> Raph
>>
>> -----Original Message-----
>> From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
>> Behalf Of Isp Operator
>> Sent: Tuesday, August 12, 2008 4:38 AM
>> To: [email protected]
>> Subject: [WISPA] Tower site liscensing problem
>>
>> Hi Gang,
>>
>> We recently received notice that one of our locations has received the
>> interest of our county planning department, who has determined that the
>> location requires a 'use permit' for a major impact utility location
>> (eg: Cellular telephone). Naturally, we strongly disagree with this
>> determination.
>>
>> The site is in a remote location, on private property completely out of
>> view of anybody(*), solar powered, on a 25' mast, with only the most
>> basic of equipment installed including two access points with an omni
>> and a sector. Aside from being 'outdoors', really, there's no
>> resemblance to a 'cellphone tower' as the gear is equivalent to what
>> most people use for their home wireless networks, albeit with slightly
>> larger externally mounted antennas. The planning department DID NOT cite
>> any building codes or height restrictions, just that we seem to be
>> 'transmitting' as well as 'receiving', and we're certain that the
>> determination has to do ONLY with the fact that it's a wireless repeater
>> and otherwise wouldn't receive any attention at all if it was a wind
>> generator, weather station or other application.
>>
>> The substantial weight of the use permit process they wish us to go thru
>> is exactly that for a major cellphone site, complete with hefty
>> application fees, public hearings, zoning approvals, and the whole nine
>> yards. Assuming we made it all the way thru the process, we would then
>> also be required to build it up with severe site upgrades including fire
>> access and other features, which is simply too much overkill and we
>> would not be able to comply.
>>
>> Isn't there some kind of exemption or otard-similar ruling or legal
>> guidelines from the fcc regarding this type of situation?  I can only
>> imagine that the criteria cited would also apply to many, many other
>> uses of part-15 devices and that the regulations just predate (2001 in
>> our case) the real onslaught of linksys in every home. I also imagine
>> that there would be substantial damage if every wisp was required to get
>> cellphone tower permits for every single repeater in use according to
>> these strict interpretations. We're going to need more than common sense
>> here, we're going to need legal precedence or references to directly
>> refute this determination, and we would appreciate your help.
>>
>> Thanks all.
>>
>>
>> (* We were turned in by a certain tin hat, who has been dogging us for
>> some time now and attempting to create sympathy for their extreme views
>> which we are sure you all are aware of. Just one more reason to not
>> share detailed system information with anybody....)
>>
>>
>>
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