The ARRL Letter
Vol. 13, No. 19

October 14, 1994

Federal court next step for tower case

     A Long Island, New York amateur, after winning a decision in court, 
still finds himself without a permit for his tower and antennas. The next 
stop may be federal court.
     Mark Nadel, NK2T, has a 55-foot crank-up tower, for which he received a 
building permit in 1982. The town of Hempstead's zoning code prohibits 
towers taller than 30 feet.
     Nadel lives in Levittown, a town within the jurisdiction of the Town of 
Hempstead; Hempstead, in densely populated Nassau County just east of New 
York City, encompasses an area of approximately 150 square miles and has a 
population of almost half a million people. It is the largest township in 
the US. Most of the lots are about 60 by 100 feet. His supporters say that 
Hempstead's 30-foot ordinance directly affects nearly 4% (1200) of New York 
State's 35,000 licensed amateurs.
     When neighbors complained to officials of interference and he was told 
that his tower violated the 30-foot rule, Nadel petitioned the town for a 
variance. A public hearing was held in October 1993, where ARRL 
representatives and three engineers spoke in Nadel's behalf; two adjoining 
landowners voiced opposition. The zoning board of appeals denied Nadel's 
petition, saying:
     * The proposed existing antenna height of 55 feet
has had a "devastating effect "on several of the residents;
     * Nadel's transmissions come over the telephone,
television and electronic equipment of the neighbors and
interfere substantially with those neighbors' use of such
facilities....;
     * The Board finds that applicant(s) may lawfully
"operate at 30 feet reasonably. The Board has weighed the
detriment to the neighbors and finds that the detriment far
outweighs any benefit to the applicants."
     Nadel said he was surprised by the appearance of the two neighbors, one 
of whom he had never met. "What puzzles me," Nadel said, "Is if the 
interference was as bad as they said during the hearing, why is it I was 
never approached by these people or why was the FCC never contacted? If I 
were living in a situation that was alleged to be so severe for so many 
years, you can be sure I would have been in contact with the offending 
station or the FCC."
     Nadel said he believed these neighbors objected to his tower for 
aesthetic reasons.
     So Nadel sued -- in New York State Supreme Court -- the
zoning board and its individual members.
     On April 18, 1994, the court found in Nadel's favor and sent the matter 
back to the zoning board. The court cited the FCC's preemption in PRB-1 
(1985) regarding reasonable accommodation for Amateur Radio licensees' 
needs, and called the zoning board's determination "arbitrary and 
capricious" and "not supported by the evidence."
     Although the judge found that Nadel and his expert witnesses had not 
proved that his radio station was not
effective at 30 feet (thereby proving that he needed a 55-foot
tower), the judge further decided that the town therefore
had no basis for concluding that 30 feet was adequate.
     The judge also heard testimony that interference from
Nadel's station was more likely to occur at 30 feet than at 55
feet, and said it was thus "irrational" for the zoning board
to order a lower tower height "when there is some evidence
that it would visit a worsened interference on his neighbors."
     Nadel's lawyer, Peter Mineo, said the court should simply have ordered 
the zoning board to issue the variance rather than
sending it back to the zoning board, which already had granted a similar 
variance, to another amateur in Hempstead, in 1989.
     "As for the needed tower height," Mineo said, "in this case the 
presumption runs with the amateur. There's an old saying
that a page of history is worth a volume of logic. Nadel's
having operated for years at 55 feet is proof enough that the
height is needed.
     "As for the interference issue, the local board's
authority is clearly preempted by the FCC. The issue should
never have even come up," Mineo said.
     Nadel's supporters have organized a group they call Radio Amateurs 
Defense and Information Organization (R.A.D.I.O.), led by ARRL State 
Government Liaison Frank Fallon, N2FF. Fallon, together with Norm Wessler, 
K2YEW, incorporated R.A.D.I.O. in April, 1994.
     R.A.D.I.O. has raised more than $11,000 but still has an outstanding 
bill of more than $5,000. "The battle is far from over," Fallon said, "and 
we appear to be heading to federal court and additional expenses."
     Fallon said that the judge who heard Nadel's appeal in New York State 
Supreme Court annulled the town's decision to deny him a permit, calling the 
decision illogical and with no basis in fact.  "That should have meant we 
won, but the judge stopped short of ordering the permit," Fallon said. The 
town then rewrote its decision, ignoring the judge, and dismissed Nadel's 
application "without prejudice."
     Nadel's lawyer has asked the judge for clarification, hoping he will 
order the town to grant the permit. "We are not too hopeful that this will 
happen," Fallon said, "and we are preparing to move on to federal court." 
Fallon also said R.A.D.I.O. believes that, since a number of local officials 
live near Nadel, politics is playing a part in the town's opposition to his 
permit.
     R.A.D.I.O. is advertising for support in several amateur publications. 
The group also operates an information hotline, which can be called at 
516-735-2500.
     "Very few individual amateurs can finance a PRB-1 legal battle alone." 
Fallon says. "It is financially beyond most of us, and that is why we need 
to help individual hams like Mark, who find themselves faced with a similar 
financial disaster."
     R.A.D.I.O.'s address is PO Box 343, Williston Park NY  11596.
3 California VEs face license loss
     The FCC has ordered three California amateurs to show cause why their 
station licenses should not be revoked, and has ordered their operator 
licenses suspended.
     The three, all Extra Class volunteer examiners, are accused by the 
Commission of signing paperwork indicating that several persons had passed 
amateur exam elements when, the FCC says, they had not.  The exams, the FCC 
said, were not administered at all.
     The FCC also said that, in response to its inquiries, all three VEs 
replied with answers that the FCC called "misrepresentations of material 
fact."
     The three amateurs are James B. Williams, AA6TC, of Wilmington, 
California; and Rose Marie Flores, N6WPR, and Robert L. Flores, N6WPQ, both 
of Santa Monica, California.
     The Commission cited an exam session held August 15, 1993, at the Carol 
Little Company in Los Angeles, at which seven candidates passed; the FCC 
initially withheld, but later granted, those licenses. According to the FCC, 
the three VEs claimed that there was a second "sitting" on the same day, at 
the same place, a claim not adequately verified. As a result, the FCC "set 
aside" (withdrew) licenses granted to an additional eight people.
     The August 15, 1993 session was conducted under the coordination of the 
ARRL/VEC. The ARRL/VEC suspended the accreditations of the three volunteer 
examiners when questions arose in late 1993.
     The Order was released September 27, 1994; the three had 30 days to 
request a hearing before an administrative law judge.
Congress passes joint resolution
     The League's joint resolution supporting Amateur Radio passed both 
houses of Congress in the wee hours of the morning of October 7.
     In a last-ditch effort by Senators Charles Robb (D-VA), Wendell Ford 
(D-KY) and Alan Simpson (R-WY), Senate Joint Resolution 90 passed on the 
floor of the Senate under unanimous consent at 12:10 AM. The bill asks for 
"reasonable accommodation" in the operation of Amateur Radio in homes, 
automobiles and public places.
     The bill then went to the House, where it was brought up by Congressman 
Al Swift (D-WA) and passed unanimously at 2:45 AM. Patricia Spurlock, a 
staffer for Robb, and Stephanie Vance, a staffer for Congressman Mike 
Kreidler (D-WA), worked overtime on the bill. Kreidler introduced the 
original House version.
     Passage was assisted by the efforts of David Leach, counsel to the 
House Energy and Commerce Committee, and Jerry Waldron and Colin Crowell of 
the House Telecommunication and Finance Subcommittee.
     For more information, see September QST, page 93.


AMSAT-NA annual meeting draws 240

     More than 240 satellite-active amateurs gathered October 7 to 9 for the 
12th Annual Meeting and Space Symposium of the Radio Amateur Satellite 
Corporation (AMSAT-NA). The conference, held in Orlando, Florida, marked the 
25th anniversary of AMSAT.
     The conference began with a SAREX overview and case study presented by 
Frank Bauer, KA3HDO; and Lou MacFadin, W5DID, and John Nichol, WD5EEV of 
NASA. Also on Friday, project manager David Liberman, XE1ITU, reported on 
the status of UNAMSAT, the first Mexican Amateur Radio satellite. The unit 
is "ready to go," awaiting an assignment to fly aboard a Russian launch 
vehicle.
     On Saturday, Doug Loughmiller, KO5I, delivered a talk on the successful 
evolution of the UoSAT satellites. Peter Guelzow, DB2OS, updated the 
audience on the fate of OSCAR 13. Orbital analysis predicts re-entry of the 
satellite in early December 1996. Guelzow is even more specific, predicting 
a fiery end sometime between December 3 and 8.
     After the presentation, Guelzow provided information -- in an exclusive 
interview -- concerning Russian Amateur Radio space projects. He said that 
the long-awaited RS-15 satellite was on indefinite hold. RS-15 is part of a 
commercial satellite intended to replace a bird already in orbit. The 
Russians have opted to wait until the active satellite reaches the end of 
its useful life before launching its replacement, that event could be 
several years away.
     The popular OSCAR-21 satellite (with its FM repeater function) is also 
part of a Russian commercial bird. According to Guelzow, Russian ground 
controllers have officially abandoned the parent satellite, deactivating all 
systems except the OSCAR-21 module. What this means to the future of 
OSCAR-21 is uncertain. Guelzow said that the satellite may begin tumbling 
because of the lack of attitude control. This would make it very difficult 
for many hams to work OSCAR 21 successfully.
     On the brighter side, Guelzow reported that progress was being made on 
upgrading the Amateur Radio facilities on board the Mir space station. 
Within two years Russian amateurs hope to have a 2-meter to 70-cm FM voice 
repeater on the space station. The system would also function as a packet 
digipeater. In addition, the cosmonauts plan to install gain antennas on the 
outer hull of the space station.
     The highlight of Saturday afternoon was Phase 3D. Scheduled for launch 
in mid-1996, Phase 3D is the largest, most complex Amateur Radio satellite 
ever constructed. In a news conference, AMSAT-NA Executive Vice President 
Keith Baker, KB1SF, announced that Phase 3D would carry a 15-meter uplink in 
addition to uplinks on the VHF, UHF and microwave bands. Baker reported that 
assembly of Phase 3D was proceeding on schedule, at the integration facility 
on the Orlando International Airport grounds.
     Funding continues to be a problem, according to Baker. When asked if 
the various AMSAT organizations had amassed enough funding to complete the 
satellite, Baker replied that they had. "The problem," he added, "is 
launching Phase 3D. We're scheduled to fly on the second launch of the new 
Arianne 5 rocket. We think the European Space Agency is going to want about 
1.5 million dollars for the flight. That's what we need to work toward."
     As part of the conference, AMSAT offered tours of the integration 
facility. For many members it was their first look at Phase 3D in the flesh. 
Sealed inside a "clean room" donated by Hitachi Corporation, the 
7-foot-diameter satellite is mounted on a pivot system that allows the 
builders to rotate it as necessary. At the time of the conference, two 
propellant tanks were installed, along with the ammonia-filled heat pipes.
     The final day of the conference focused on operational aspects. Dr H. 
Paul Shuch, N6TX, gave a presentation on demystifying Keplerian elements and 
orbital mechanics in general. Ed Krome, KA9LNV, discussed feed horns and 
other issues concerning Mode-S antennas. There were also a number of 
beginner's forums. -- Reported by QST Assistant Managing Editor Steve Ford, 
WB8IMY.


Survey measures young hams' interests

     "Youthnet," an informal on-line gathering of young radio amateurs, has 
initiated a survey of its members, and the results from the first 30 are in. 
While the net's organizers, Alex Leynes, N9KYJ, and Jennifer Finch N9SAK, 
admit that "not enough young hams in the Amateur Radio community were 
interviewed for this survey (for it) to be very reliable," it does represent 
active youngsters; people who respond to surveys tend to be the "movers and 
shakers."
     Here are the Youthnet questions and answers (as interpreted by Alex and 
Jennifer):
     What made you interested in Ham Radio?
     "Most answered that a relative introduced them to ham radio. Two said 
that they bumped into the topic of ham radio while reading a book. Others 
were tired of 11 meters, and a few said they had a small background in 
remote control cars, and planes."
     2. Why do kids want to be hams?
     "This is a very diverse question. Many people said they wanted to talk 
to someone older than them at the same level. Others wrote that ham radio 
expanded their horizons in the field of electronics and science. Some said 
they liked the charm of contacting a person half way around the world."
     3. Are you more interested in building ham equipment or using it?
     "The majority of the responses said that building ham equipment today 
is too hard, and the know-how needed to build these projects are a bit of 
reach for them. But, they would build simpler things, such as antennas, or 
even put together RG-58 cable. "
     4. Are there ham clubs for young hams?
     "All of the replies said, 'No, not in my area that, I know of,' except 
for one who helps run a club in a school."
     5. What would young hams like to see more of in Amateur Radio?
     "The majority of the answers were more young hams like us to talk to. 
But a few said that they are tired of being pushed by an older ham who 
doesn't like the young no-code Technicians.
     6. As a young ham, do you think that you are well represented in 
national or local ham organizations?
     "Answers varied, depending on local ham clubs. Most said that they 
weren't well represented in the national clubs or organizations."
     7. What do you talk about with adults on the air?
     "The majority of the answers were, 'Anything.' Some of responses said 
that the older hams were curious about what they did in school that day."
     8. Are the testing requirements easy or hard for you? What do you want 
to see more of on the tests?
     "The majority of responses said that (they are) very easy, and should 
remain the same. Three said (they are) too easy, and should be made harder. 
Five told me that they should re-write the General and Technician tests, by 
placing the FM theory from the General theory into the Technician test.
     9. How do you think ham radio is helping you in your everyday life?
     "The basic answers said that it helped with their speaking ability in 
public. Others said that it was very helpful when riding in a car for those 
'Just in case' emergencies. Some said it offered them a 'world perception' 
without leaving home. And there where those who answered that it gave them 
chance to call home using autopatch when a phone wasn't available to them.
     10. If you have parents who are not in the hobby, are they
supportive?
     The majority said that parents are very supportive of them. Some said 
that their parents are supportive until they cause some television 
 interference, or when they ask to install an antenna on the car during 
trips. But the majority said that the parents are supportive when it comes 
to antenna projects.
     11. What aspect of Amateur Radio are you interested in (voice, CW, FM, 
AM, SSB, HF, VHF, UHF, ATV, packet, fax, DX, contests, special events, 
biking, hiking, etc...)?
     Answer: "All of them." (Ah, youth!)


BRIEFS

     * Elections for seats on the ARRL Board of Directors are under way. If 
you were a Full Member as of September 10, live in one of the following ARRL 
Divisions, and haven't received a ballot by November 1, contact HQ for a 
replacement: Central, Northwestern, Roanoke, and Rocky Mountain.
     * Robert W. Jones, VE3CTM, has been elected director of the 
Radiocommunication Bureau of the International Telecommunication Union 
(ITU).  Jones, 50, replaces the retiring director, Richard C. Kirby, W0LCT. 
Jones is director general of Canada's Radio Regulatory Branch, which 
regulates
amateur and other radio services, and he attributes his professional 
interest in radio to his roots as a licensed radio amateur as a teenager in 
1959.
     * When Dr. Andrew J. N. Eardley, G3UXO, called HQ to take out an ARRL 
membership, he mentioned he'd worked all three amateur licensees aboard the 
space shuttle in September (STS-64). OM Eardley is the physician on board 
the RMS
Queen Elizabeth II, and he used the QE II's amateur 2-meter FM equipment. 
 Because the shuttle lays down a "radio footprint" as it passes overhead, 
"there isn't much competition," Dr Eardley said, "in the middle of the 
Atlantic Ocean."
     The next shuttle SAREX mission will be STS-67 next February.
     * The ARRL Awards Committee has rejected (5 to 2) a recommendation of 
the ARRL DX Advisory committee to set a minimum geographical size for new 
DXCC countries. DXAC Chairman Bob Beatty, W4VQ, said the committee would 
submit a new recommendation, on appeal. Comments from Members on this issue 
are welcomed and will be read by both committees. Meanwhile, a moratorium is 
in effect on petitions for new DXCC countries that could be affected by such 
a minimum size rule.
     * Fading sunspots and scarce DX got you depressed? Our annual group 
therapy session -- better known as the ARRL November Sweepstakes -- is right 
around the corner. This event features slower-speed  CW meeting areas, lapel 
pins for participation and achievement, coffee mugs, and of course the usual 
winners certificates in many categories. Rules were on pages 124 and 125 of 
October QST.
     * Six HQ staff members have joined the 10-Year Club: Senior Engineer 
Jon Bloom, KE3Z; Senior Editor Jim Cain, K1TN; QSL Service Manager Joe 
Carcia, NJ1Q; Programmer/Analyst John Proctor; Computer Operator Cathy 
Scharr; and Publications Sales Supervisor Lisa Tardette. At the club's 
annual dinner, Linda Kleinschmidt of the HQ Mail Room was honored for 25 
years of service, topped only by Switchboard Operator and Receptionist Penny 
Harts, N1NAG, with 26. Forty percent of HQ staff now have 10 years or more 
with the League.
     * As part of its 50th anniversary celebration, CQ magazine announces in 
its November issue the "CQ Gang" award (sort of a mini-HPM 125, eh?). Any 
licensed amateur "currently or formerly associated with CQ, any of its 
sister publications, eg, Popular Communications, Communications Quarterly), 
or other products of its parent company" may sign "/50" after his call sign 
between January 1 and 15, 1995. This includes those who have written for 
CQ's publications.
     * "Getting Started in VHF," a video introduction to operating on the 
Amateur Radio VHF frequency bands and produced by CQ Communications, has won 
a Silver Hugo Award from "INTERCOM '94," the International Communication 
Film and Video Festival.
     The video was honored in the competition's "Educational -- Adult 
Audience" category, CQ said in a press release.
     Festival director Michael J. Kutza said that "there was a substantial 
increase in the number of entries this year and competition was more intense 
than ever."  This was INTERCOM's 30th annual film and video competition.
     "Getting Started in VHF" is intended both for new hams and for more 
experienced amateurs who are trying VHF operating for the first time, CQ 
said.  The program was written, produced and directed by Richard S. Moseson, 
NW2L, executive producer of the CQ Video Library, and ARRL Northern New 
Jersey Section Manager.
     "Getting Started in VHF" is the second CQ video to win an award. 
 Earlier this year, "Ham Radio Horizons," an introduction to Amateur Radio, 
received a bronze CINDY award from the Association of Visual Communicators, 
and it was a finalist in the International Television Association's (ITVA) 
New Jersey Awards competition.
     * The "Big Dish" Earth-Moon-Earth operation from VE3ONT on the first 
weekend of the ARRL EME Contest October 29 and  30 has been preempted by 
professional use of the dish, which will be used by radio astronomers 
participating in a worldwide supernova observation experiment.
     According to Michael Owen, W9IP, operators expect to have access to the 
46-meter dish for the second weekend of the 'Test, November 26 and 27, as 
previously announced.  The November operation will be on 144 MHz on both 
days, transmitting on 144.100 and listening from 144.100 to 144.110 from 
approximately 0538 to 1645 UTC on the 26th and 0646 to 1713 UTC on the 27th.
     Losing the October weekend cost the group its planned operations on 50, 
432, and 1296 MHz. The dish is part of the Algonquin Space Complex in 
Toronto.
     * The FCC celebrated its "60th birthday" the first week of October, 
with several events (the Communications Act of 1934 established the FCC). 
The Commission said it began with 233 employees and a $1.14 million budget; 
today it has grown to 1964 employees and a budget of $160.3 million.


10 years ago in The ARRL Letter

     The FCC assigned the now-famous designation "PRB-1" to an ARRL request 
for a public declaration that state and local authorities be preempted from 
enacting regulations unduly restricting amateur antennas. The public comment 
date was set for November 9 and the League began a campaign to encourage 
amateurs to send written descriptions of problems they had encountered with 
local authorities.
     In 1984, home satellite dish antennas (TVROs) were becoming popular and 
some municipalities were writing restrictions on them, broad restrictions 
that inadvertently also affected amateurs. A national TVRO group, United 
Satellite Communications Inc, had filed a request similar to the League's 
just a few months before.
     ARRL offered a "PRB-1 package" to help amateurs in filing comments with 
the FCC.
     The FCC issued a Notice of Proposed Rule Making to begin implementation 
of new HF bands for amateurs resulting from the 1979 World Administrative 
Radio Conference. Petitioners for the action included the ARRL, as well as 
several prominent individuals, including Doug DeMaw, W1FB; Stu Cowan, W2LX: 
Bob Haviland, W4MB; Bill Orr, W6SAI; and A. Prose Walker, W4BW. The NPRM 
addressed 12, 17, and 30 meters, as well as minor changes in the 420 and 
902-MHz bands.
     Meanwhile, the FCC issued another NPRM proposing to authorize 
additional modes on 160 meters (only CW and voice were permitted at the 
time); the Canadian Radio Relay League floated the possibility of seeking 
more 80-meter phone frequencies for Canadians; and the Letter had two 
features no longer carried on these pages: QST Product Review items for sale 
and a summary of the latest issue of QST.

