User Panel
Posted: 12/4/2013 3:00:38 PM EDT
So my village passed a $1000 permitting fee law last night for antennas. Is this legal? Is there anything that can be done? $1k for a antenna... I have requested the mayor send me the law. I am not sure if there is a grandfather clause in it as before the law passed there were no laws covering ham radio antennas. Not sure what to do now...
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This link may help. PRB-1
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Take a look at the ordinance once you get it. They're usually designed to combat cell towers sprouting up all over the place. If it applies to Ham towers then PRB-1 might get them to rewrite it to accommodate Hams.
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I would contact the FCC to see if this is legal. Ham radio operators are the backbone of the emergency network system.
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You live in NY. Look at their gun laws and how they work.
You're screwed. |
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this is where your $39/year ARRL membership comes in handy View Quote I already email them... I am a member... here is the news article... http://www.buffalonews.com/city-region/kenmore/6-month-pawnshop-moratorium-enacted-in-kenmore-20131203 I know the mayor a bit... I am a VFD and so is his nephew... I also know several trustees... doubt it will help if there is a reason this was passed (like the mayors neighbor wanted to put up a tower or something like that)... I have sent out emails today for clarification on what the law is. |
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Okay, after reading the article I'll just come out and say that you live in a village run by liberal high and mighty assholes. Sorry about your predicament.
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Okay, after reading the article I'll just come out and say that you live in a village run by liberal high and mighty assholes. Sorry about your predicament. View Quote tell me something I don't know... republicans don't even run for office here... there is a 3-1 registered voter difference... the trustees on the board I know I didn't vote for... they ran uncontested... we have known each other for years... no way i'd vote for them... |
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tell me something I don't know... republicans don't even run for office here... there is a 3-1 registered voter difference... the trustees on the board I know I didn't vote for... they ran uncontested... we have known each other for years... no way i'd vote for them... View Quote View All Quotes View All Quotes Quoted:
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Okay, after reading the article I'll just come out and say that you live in a village run by liberal high and mighty assholes. Sorry about your predicament. tell me something I don't know... republicans don't even run for office here... there is a 3-1 registered voter difference... the trustees on the board I know I didn't vote for... they ran uncontested... we have known each other for years... no way i'd vote for them... Have any lawyer friends? A $1000 fee is not reasonable accommodations and some properly worded persuasion with PRB-1 might get them to change their mind. |
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From the article..
"The board passed a separate law Tuesday regulating the placement of amateur, or ham, radio antennas. The law includes a $1,000 application fee for a special-use permit. “We had somebody put in an application and we advised him – similarly to the other issue – that we didn’t have any legislation pertaining to ham radios and that we would be looking into it,” Johnson said." Huh? $1000 application fee to put up a $20 antenna. Sounds legit. |
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Wow. That is some industrial-strength derp there. Can't wait to see them get smacked around a bit over that. I'm betting it will go down quickly once the ARRL and FCC are brought in to the situation.
BTW, what are the permit fees for normal stuff? (electrical/plumbing work, etc... Here you need a fairly cheap permit and a chance of an inspector showing up if they are bored for doing stuff like water heaters and toilets, replacing wiring or moving/adding outlets and stuff like that. Oh yeah, and permits to cut down a tree and mandating replacement with another if it's over a certain size...) |
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Remember this is NY. If anyone can circumvent federal law it is NY.
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Wow. That is some industrial-strength derp there. Can't wait to see them get smacked around a bit over that. I'm betting it will go down quickly once the ARRL and FCC are brought in to the situation. BTW, what are the permit fees for normal stuff? (electrical/plumbing work, etc... Here you need a fairly cheap permit and a chance of an inspector showing up if they are bored for doing stuff like water heaters and toilets, replacing wiring or moving/adding outlets and stuff like that. Oh yeah, and permits to cut down a tree and mandating replacement with another if it's over a certain size...) View Quote here are the other permitting fees http://www.villageofkenmore.org/index.php?option=com_content&view=article&id=69&Itemid=77 @ $1k this is way out of line with our regular fees... |
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This is where stealth antennas will come in handy... Sorry OP.
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They Certainly Continue to Circumvent Common Sense among other things! Good Luck OP, keep us posted! View Quote View All Quotes View All Quotes Quoted:
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Remember this is NY. If anyone can circumvent federal law it is NY. They Certainly Continue to Circumvent Common Sense among other things! Good Luck OP, keep us posted! There are a lot of liberal democrats up there. They don't have common sense. |
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As I recall the FCC has a rule that forbids local governments - including HOA's, from banning antennas. It was originally intended to protect small satellite dishes, but it covers almost all other antennas as well. They can regulate it, but not to the point of a defacto ban.
I would say that a $1000 application fee is a defacto ban. |
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“We had somebody put in an application and we advised him – similarly to the other issue – that we didn’t have any legislation pertaining to ham radios and that we would be looking into it,” Johnson said." View Quote So, there was no law about an activity, so they hurried up and passed an ill conceived law that won't withstand a court challenge? Why did the ham wanting to put up an antenna even ask for a permit if they had no law requiring one? |
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So near as I can tell, Kenmore is a pretty small place - and covers about half of the zip code it is in. In that zip code, the data I found says there are 63 hams - so lets say half of them are actually in Kenmore. A $1000 permit fee for putting up an antenna, especially compared with other permits listed on the page linked earlier, makes it sound more like a punitive action, and probably not out of line to say that it is probably a personal vendetta by someone in the local government against someone that either is, or that they think is(CB'ers are always trouble ), a ham. Will be interesting to see if they back off before any heavy hitters come into the game.
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So, there was no law about an activity, so they hurried up and passed an ill conceived law that won't withstand a court challenge? Why did the ham wanting to put up an antenna even ask for a permit if they had no law requiring one? View Quote View All Quotes View All Quotes Quoted:
“We had somebody put in an application and we advised him – similarly to the other issue – that we didn’t have any legislation pertaining to ham radios and that we would be looking into it,” Johnson said." So, there was no law about an activity, so they hurried up and passed an ill conceived law that won't withstand a court challenge? Why did the ham wanting to put up an antenna even ask for a permit if they had no law requiring one? No idea... I looked up the laws and when I found none installed my ZS6BKW wire antenna over the roof (center post is off my chimney) my other antenna is just a homebrew wire 2m that is on the side of my house I heard back from the ARRL and they asked for a copy of the law as it was passed... I sent that request to the clerk and mayor last night... Here was the initial email First, I am not an attorney, so this is an informal conversation.
In and off itself, a $1000 application fee is not necessarily contrary to PRB-1. If the town shows that the fee is in line other fees it charges, then it becomes hard to argue it is contrary to reasonable accommodation. If however it can be demonstrated that the purpose of the fee was specifically to prohibit amateur radio antennas and support structure, it become easier to argue the ordinance is a violation of PRB-1 and probably would not stand up to a court challenge. However someone with standing has to challenge the process. That is, an amateur resident in the town and who wishes to put up an antenna/tower will have to "jump through the hoops" - apply for the permit, etc, - and be turned down in order to bring a legal challenge to the ordinance. Courts don't rule on "what ifs" - they need a real plaintiff who claims and can demonstrate "damage" caused by the provisions of the ordinance. "Preemptive strikes" are not in play here and an outside (such as the ARRL or a ham not trying to put up a tower) would not have standing to pursue this in a court. If you choose to challenge this, I would strongly encourage you to become thoroughly familiar with PRB-1, as well as to have a land-use attorney working with you. about 30 minutes later another email came in where he said their general counsel could not find a copy of the law passed on the village website and asked if I could provide it. I replied stating that I had requested it and will forward it along. I not even sure how you would "jump through the hoops" on this... would you apply for a permit but refuse to pay the $1000 ? |
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Quoted: I not even sure how you would "jump through the hoops" on this... would you apply for a permit but refuse to pay the $1000 ? View Quote View All Quotes View All Quotes Quoted: I not even sure how you would "jump through the hoops" on this... would you apply for a permit but refuse to pay the $1000 ? I guess there are a couple of options, depending on how much of a hassle you want to put up with, or be. A) Apply for permit and pay the $1k. Then sue to get the money back. By the time you do your legal wrangling up to the required levels if they try to fight it, the $1k fee is going to be chump change. B) Apply for permit and refuse to pay. I don't see this going very far, but maybe the lawyers would know how that works. C) Put up an antenna that clearly falls under the new law and get cited for violating said law. For some reason, I keep thinking this would be the more likely case to actually be able to go up to the next level of courts? Option A with suing for your $1k back might just get sent to small claims and then tossed out. I'm not sure how you make sure it gets into the proper area of the messed up legal system. Hence the need for someone who knows what they are doing. And then of course there is the mighty question of whether they are going to even issue the permits in the first place. Refusal to issue permits, or having some sort of impossible documentation standards, would make it a lot easier. Sounds like you need to get some tasty fish and try to lure Aimless over to help out Also, very interested in seeing what is actually in this new law. Be sure to post it up when you get it! If this affects ANY antenna, then it is insane. But it may be aimed only at large tower structures. Nothing really specifies. "We had somebody put in an application and we advised him – similarly to the other issue – that we didn’t have any legislation pertaining to ham radios and that we would be looking into it,” Johnson said. There's your problem - some idiot tried to file for a permit that didn't exist. This is what happens when you get a bunch of people together who make the assumption that anything that isn't specifically allowed must be prohibited... They try to get something that doesn't exist, and then the govt says HEY! We didn't know we needed that or could do that, but we will now! |
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A fence, $10 permit. Porch, $25 permit. New commercial construction, $55. New home construction, $80.
It is clear that this $1000 antenna fee is punitive, to prevent a ham from installing an antenna. Take photos of the tower by the Police Station, Sheriffs Office, Fire Department, or any other city department, commercial or otherwise. Ask if they will all be required to pay a permit fee. Ask also what possible harm to the community by the presence of FCC-licensed amateur radio operators* vs. the aid to the community that hams give in emergencies (Colorado, various tornados in OK and MO, other recent disasters), and how do they justify / balance the prohibition of amateur radio. Also ask your board, what are the village's plans for post-disaster communications and how much did it cost? They don't have any plans? No equipment? They have not planned or provided for emergency communications when the internet and phone systems go down? Any satellite communications equipment? How do they explain to the taxpayers having no capability in this area? Amateur radio has served well in this role since the beginning of radio, and would cost the village nothing. * Always use that that term, not "ham radio", but "FCC-licensed amateur radio operator" when dealing with local government. They don't know the difference between amateur radio and CB. |
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From the article.. "The board passed a separate law Tuesday regulating the placement of amateur, or ham, radio antennas. The law includes a $1,000 application fee for a special-use permit. “We had somebody put in an application and we advised him – similarly to the other issue – that we didn’t have any legislation pertaining to ham radios and that we would be looking into it,” Johnson said." Huh? $1000 application fee to put up a $20 antenna. Sounds legit. View Quote In the State of NY, that which is not expressly permitted is categorically forbidden? Sounds as if. |
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I ran into a new ordinance brick wall when I put my tower up and yet had no problems in the end:
"The “Code” as explained by Building Inspection Department was simple, any antenna more than 15 ft higher than the tallest surrounding structure or if in any case taller than the height limit for the class of zoning at that spot, had to go through a full formal process, design review, planning commission, public postings… the whole works." View Quote You can read how I got it all sorted out, including false claims of RFI once erected but not yet even in service at: REPOST – We’re Here to Help You – Working with City Hall for a Tower Permit http://k9zw.wordpress.com/2008/02/05/repost-tower-permit-and-city-hall/ I wouldn't panic and I would have a good read & study of the published ordinance. 73 Steve K9ZW Blog: With Varying Frequency - http://k9zw.wordpress.com/ |
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You are screwed, dude. PRB-1 isn't worth the paper it's printed on without a big time lawyer. And Steve's example isn't applicable.
The best thing you can do is move a much more free state like NH. |
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For a grand, they'd better be providing a work party to help put that bad boy up!
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Go on Craigslist and scrounge up about 125 feet of the nastiest steel tower you can find, erect it and put a TV dish on top of it.
Disguise your dipole as guy wires. That'll fix them. When they change the law to include TV antennas start getting people with dishes to raise holy hell, vote the assholes out of office and the problem will be solved. |
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The best thing you can do is move a much more free state like NH. View Quote That's only half of it. Make sure you sell your house to a 1%er motorcycle gang to use as a club house, or maybe find a bunch of refugees from the Sahara to sell it to. Make sure the Saharans have AT LEAST 12 kids and don't speak English. Nothing more annoying than a bunch of loud kids screaming, playing and fighting in the front yard, all the while babbling in a sing-song alien tongue. Oh, yeah. Don't forget to leave a couple of drum sets behind |
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I guess there are a couple of options, depending on how much of a hassle you want to put up with, or be. B) Apply for permit and refuse to pay. I don't see this going very far, but maybe the lawyers would know how that works. View Quote View All Quotes View All Quotes Quoted:
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I not even sure how you would "jump through the hoops" on this... would you apply for a permit but refuse to pay the $1000 ? I guess there are a couple of options, depending on how much of a hassle you want to put up with, or be. B) Apply for permit and refuse to pay. I don't see this going very far, but maybe the lawyers would know how that works. Variations include: 1. Assert an exemption with stated grounds and request timely,written response so you can proceed to put antenna up in lieu of application 2. Assert an exemption with stated grounds in lieu of fee with application 3. Erect the antenna, then deal with whatever fallout ensures 4. Some or all of the above. |
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What kind of antenna are we talking about?
If we're talking about a tower, that's one thing but if this precludes use of a dipole , end fed or other basic wire antenna just put it up and tell them it's for something else. Likely nobody will spot it and report it because wire antennas are not too visible. Even many strict HOAs will often overlook a stealthy wire antenna as they are not really eyesores. It depends on the HOA, of course but many will overlook them, especially when you point out the Ecomm aspect. Likely the truth of the matter is that the ham that went to ask for a permit opened the can of worms by asking for a permit to put up a 175 foot tower or some such shit. People don't know what we do. When I got licensed the first thing the bitch down the street wanted to know is if I was going to put up 'one of those big ugly antenna towers'. Likely the city fathers figured that every ham out there would put up a 75 foot tower. The other misnomer is that hams have money falling out of their pockets. The first thing Mrs Pic heard from friends when I got into this business is that "Those big towers are awfully expensive. So are the radios.". They were shocked to hear that I was on the air with a couple hundred bucks and a piece of wire. Likely the city government figured the same and saw it as a cash cow to be milked. Generally it isn't wire antennas that get people wound up, it's the towers that people think are eyesores, although there are a number of assholes out there. Incidentally the other fear they have is screwed up TV sets and weird stuff like mysteriously opening garage doors etc. The stories of stuff like this get blown up pretty quickly and most of it is bullshit when you think about it. "I met this guy who said his wife knew a girl that was dating a guy that had a friend who had an uncle that knew a guy that had a cousin that heard from a whore in Shanghai that had a trick that was a sailor that had a shipmate that said that his third cousin twice removed was told about this guy that had problems with the ham radio operator across the street when he screwed up his grandson's science fair project by making weird noises on his crystal set." Lot of this shit going around. |
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, including false claims of RFI once erected but not yet even in service at: View Quote I saw that one coming and nipped it in the bud because I put word out I was licensed and let the gripes roll in before I went on the air. After a couple of false claims you can do pretty much what you want as the complainers have already shot their wads off and have no credibility. |
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I never would have guessed that antennas or towers were an issue in Somalia...
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here are the other permitting fees http://www.villageofkenmore.org/index.php?option=com_content&view=article&id=69&Itemid=77 @ $1k this is way out of line with our regular fees... View Quote View All Quotes View All Quotes Quoted:
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Wow. That is some industrial-strength derp there. Can't wait to see them get smacked around a bit over that. I'm betting it will go down quickly once the ARRL and FCC are brought in to the situation. BTW, what are the permit fees for normal stuff? (electrical/plumbing work, etc... Here you need a fairly cheap permit and a chance of an inspector showing up if they are bored for doing stuff like water heaters and toilets, replacing wiring or moving/adding outlets and stuff like that. Oh yeah, and permits to cut down a tree and mandating replacement with another if it's over a certain size...) here are the other permitting fees http://www.villageofkenmore.org/index.php?option=com_content&view=article&id=69&Itemid=77 @ $1k this is way out of line with our regular fees... Fuckin kenmore |
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They may be thinking of scalping a Cell Tower company with deep pockets.
First step would be to go to the next town council meeting. After that, I would get a Lawyer to send a letter on legal letterhead announcing to their Town Lawyer that they are in violation of PRB-1. That may be all it takes to get them to change it. |
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Wow. That is some industrial-strength derp there. Can't wait to see them get smacked around a bit over that. I'm betting it will go down quickly once the ARRL and FCC are brought in to the situation. BTW, what are the permit fees for normal stuff? (electrical/plumbing work, etc... Here you need a fairly cheap permit and a chance of an inspector showing up if they are bored for doing stuff like water heaters and toilets, replacing wiring or moving/adding outlets and stuff like that. Oh yeah, and permits to cut down a tree and mandating replacement with another if it's over a certain size...) here are the other permitting fees http://www.villageofkenmore.org/index.php?option=com_content&view=article&id=69&Itemid=77 @ $1k this is way out of line with our regular fees... Fuckin kenmore I am never buying one of there appliances again.... |
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response from the clerk
The local law will be posted on the website once we receive confirmation of filing from the Secretary of State. The fee noted in the Buffalo News is for those operators who require land use and building permit approvals to construct an antenna structure on their property. Generally speaking, this will pertain to HAM operators seeking to install a free-standing antenna on their property, or an antenna structure on an existing building. Some of the issues that must be evaluated include setbacks, tower height, tower construction, tower location, communications needs and goals of the applicant, and appropriate and reasonable alternatives. In conducting this evaluation, the Village will be required to obtain both engineering and communication consultant support in order for it to appropriately balance the interests of the HAM operator with the health, safety and general welfare of the community. In our research, several courts have reviewed a municipality’s use of such consulting help and have evaluated the municipality’s resulting thorough analysis. This assistance is especially important in a municipality like Kenmore; obviously we are not dealing with a rural community with large lots and low density. I’m sure you appreciate that Kenmore lots are very small. Any type of antenna structure is likely to cause unique concerns. The Village needs to be sure that any proposed antenna structure will not present any safety issues, and will not have any other adverse impacts. The Village also must make sure that the antenna structure is the minimum necessary for the operator to achieve his/her goals. We consulted with our attorneys on this matter and the fee represents the anticipated costs of obtaining needed consultant advice, which the courts have referenced when reviewing cases on this matter. New York law provides that the costs of administering permits are appropriately born by those seeking the approvals.
Please note that the Village, prior to passing this law, had no regulations pertaining to HAM operators, and such antenna structures were prohibited by local law. This local law represents the Village’s efforts to expand the rights of HAM radio operators. The law acknowledges the HAM operators’ rights but also notes that a balancing of those rights with the needs of the community is proper, pursuant to Federal law. Like all of our fees, they are established to reimburse the costs to the municipality for its costs associated with the permit application. View Quote I requested some clarification Thank you for taking the time to respond. I wanted a little clarification on a couple of things :
1) would a simple wire antenna hung from a home require this permit? something like this : http://www.chrisc.co.uk/2e1hje/ANT.jpg 2) would a vertical antenna without a tower require this permit? something like this : http://files.qrz.com/d/e51and/Mangaia_July_2013_10_small.JPG 3) would a 2 meter antenna attached to a home require this permit? something like this : http://www.qsl.net/ab8mo/2meter.gif I have been in contact with the ARRL and their general counsel requested a copy of the law that was passed. I will check the website. One further clarification. In your last paragraph it sounds like you are saying that if there is not a law that permits something that it is illegal. I'm not a lawyer but I always thought something was legal unless it prohibited by law not the other way around. View Quote |
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and I got a response
I cannot evaluate specific antenna options. This is not my area. Please feel free to submit an application to the building department.
View Quote so it looks like their take is that prior to this law all ham antennas were illegal... atleast that is my take on it |
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EZ answer...you're free to do what you want! Why?...you are a Ham Operator, not a HAM operator...
stoopid law from the lips of stoopid people....we'd welcome you with open arms in SC, just like PTR and ATI... |
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and I got a response so it looks like their take is that prior to this law all ham antennas were illegal... atleast that is my take on it View Quote View All Quotes View All Quotes Quoted:
and I got a response I cannot evaluate specific antenna options. This is not my area. Please feel free to submit an application to the building department.
so it looks like their take is that prior to this law all ham antennas were illegal... atleast that is my take on it I got the same thing....I'd make sure I was sending this all to the ARRL....don't let yourself be pulled into anything and say or type something that may affect the outcome. allow cooler heads to prevail...and again-come on down |
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Put up a TV antenna then use something like a SG-230 to resonate it
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" The Village also must make sure that the antenna structure is the minimum necessary for the operator to achieve his/her goals."
If they limit you to a wire or something, buy a legal limit amp and use it ALOT! ETA -2 Hmm, what would it take to make a 160m QSO to Japan from there? |
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The Village also must make sure that the antenna structure is the minimum necessary for the operator to achieve his/her goals. View Quote You know, they worded this statement totally bassackwards. The absolute minimum necessary to achieve my goals, are five (5) 100 foot tall towers, with a Yagi on top of each one. Plus, a number of different wire antennas. I just can't do it with anything less. |
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