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Antenna Zoning for the Broadcaster Society of Broadcast Engineers New England Ennes Workshop Marlboro, MA October 26, 2004. Fred Hopengarten, Esq. www.antennazoning.com 781/259-0088 hopengarten@post.harvard.edu. Selected Topics. A new preemption for AM broadcasting!
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Antenna Zoning for the BroadcasterSociety of Broadcast EngineersNew England Ennes WorkshopMarlboro, MAOctober 26, 2004 Fred Hopengarten, Esq. www.antennazoning.com 781/259-0088 hopengarten@post.harvard.edu
Selected Topics • A new preemption for AM broadcasting! • Shorter antennas for AM broadcasting? • RFR is air pollution? • Recover your legal fees in zoning cases? • Towers as profit centers? • What’s the law on guy wires? • What’s the “minimum height necessary”?
Koor v. City of Lebanon(How low can you go?) • City bylaw: 35’ + 20% = 42’max height • FCC: 47 CFR §73.186 height ~ frequency • 720 kHz = 266’ • NH Supreme Court decided local bylaw preempted by Federal regulation • SBE submitted a brief amicus curiae • Ground-breaking decision: a new preemption!
CFA, Kintronics, Val-Mont, or Univ. of Rhode Island? • All omni-directional • http://www.kintronic.com/site/techpapers/KTL_NAB_Paper.pdf Jim Breakall, Ph.D. (WA3FET) Department of Electrical Engineering Penn State • Nonetheless, law is still proof-by-site: 47 CFR §189 (b) (5)
47 CFR §73.189(b)(5) • In case it is contended that the required antenna efficiency can be obtained with an antenna of height or ground system less than the minimum specified, a complete field strength survey must be supplied to the Commission showing that the field strength at a mile without absorption fulfills the minimum requirements. (See Sec. 73.186.) This field survey must be made by a qualified engineer using equipment of acceptable accuracy.
47 CFR §73.189(b)(6) • No directional antenna system will be approvedwhichis so designed that the effective field of the array is less than the minimum prescribed for the class of station concerned, or in case of a Class A station less than 90 percent of the ground wave field which would be obtained from a perfect antenna of the height specified by Figure 7 of Sec. 73.190 for operation on frequencies below 1000 kHz, and in the case of a Class B or Class D station less than 90 percent of the ground wave field which would be obtained from a perfect antenna of the height specified by Figure 7 of Sec. 73.190 for operation on frequencies below 750 kHz.
http://www.kintronic.com/site/systems/kinstar.asp “Any implementation of this antenna will require an FCC mandated 6-radial proof of performance together with current distribution measurements.”
The VEB: Charlotte v. WIZN-FM • Successor to Freeman v. Burlington Broadcasters - interference case • “Undue air pollution” • “Undue” = challenge to FCC Guidelines • The future of the VEB • Hold your breath!
Legal Feesfor a Broadcaster? • Watch Abrams v. Rancho Palos Verde -- soon playing before the Supremes! • Cellular telephone cases not directly relevant, and courts split • Requires a prevailing party
Tower as Profit Center • Co-location or collocation • Hot towers and LBA • Prices down generally • AT&T Wireless/Cingular: A Special Case • Negotiating the lease • The tax man (assessor) cometh
Setbacks and Required Yards • What’s a “required yard”? • More land is better • There is no law of guy wires
Minimum Height Necessary • City of license coverage • Use tenants to justify? • Unlike hams and cellular folks, broadcasters are First Amendment speakers
Antenna Zoning for the Broadcaster • SBE imprimatur • What would you like covered? • Until then, www.antennazoning.com • Amazon Rank as of October 15, 2004: 1,247,613
Antenna Zoning for the BroadcasterComing soon to a bookstore near you! • Fred Hopengarten, Esq. • www.antennazoning.com • 781/259-0088 • hopengarten@post.harvard.edu