In a message dated 5/8/02 10:17:52 AM Eastern Daylight Time, jbellows@skypoint.com writes: << Yes we should file on this! Particularly since “[t]he brief was long ago written.” The exclusive jurisdiction of FCC over interference issues is at the heart of Antenna Zoning and CC&R issues. With the exception of the Mayor of Union City, Oklahoma local government is not equipped to determine the existence or cause of claimed interference, much less condition zoning approvals on “no interference” by the applicant.
As usual, I agree with Jay. And the plot thickens. Anne Arundel County's approvals that are conditioned on no IX to Public Safety apply to towers and antennas, with no exemption for amateur radio, so ostensibly, we are included in the conditions.
We are preparing the usual. Cingular didn't cite all the relevant authorities, but they probably cited enough to win without further support. We will give them the rest. Chris