In a message dated 6/18/2002 6:15:42 PM Eastern Standard Time, jbellows@skypoint.com writes:
If the basis for permitting the tower is the reasonable accommodation of the Amateur’s communication needs under PRB-1; and the commercial interest prevents the amateur from operating because of interference with the commercial installation; what is the legal rationale for continued use of the tower for exclusively commercial purposes?
One answer to this, Jay, though concededly not a perfect one, is the preemption policy for CMRS antennas, which was in the 1996 Telecom Act. It essentially holds that Personal Wireless Facilities (essentially CMRS, interconnected mobile wireless) has to be allowed to provide service and compete with other functionally equivalent services, as you of course know already. The subsequent presence of the CMRS on the tower, if it survives a terminated amateur use, would have to stand on its own preemption policy rationale, not PRB-1.
Chris