[HQRP] House Bill 1148

[Glen Reid]

I have been ask to elaborate on the problems with HB 1148 which is now
being considered in the Texas House.

The bill is an attempt to give counties the power to regulate the
location and size of cell towers.

While I have some sympathy for the problems of cell towers screwing up
neighborhood vistas, HB 1148 is so loosely written that it will have
the, probably, unintended effect of creating many time consuming and
costly impediments to ALL antenna installations...it specifically
mentions "whip antennas"... a CB whip on your balcony could be required
to meet all the provisions of the bill.  I don't think it will every get
passed in its present form, BUT as they say:

"No man's life, liberty or property is safe when the Texas legislature
is in session!"

If enacted, this bill would give counties the right to set the limits
and requirements for the erection of any "wireless communications
facility"

The regulations could include:

Fees, permits and limits on towers.

The regulations may include a requirement for a permit
  2-1     for the construction, expansion, or removal of a tower or
other
  2-2     facility and may impose fees on regulated persons to recover
the
  2-3     cost of administering the regulations.
  2-4           (c)  The regulations may include the regulation of the:
  2-5                 (1)  height of towers and other facilities;
  2-6                 (2)  lighting of towers and other facilities;
  2-7                 (3)  location of towers and other facilities; and
  2-8                 (4)  removal of towers and other facilities.


and could require at least three public notices of the intent to erect a
wireless communications facility":

 Sec. 240.083.  FILING REQUIREMENTS REGARDING CONSTRUCTION.
2-10     (a)  A person wishing to construct a wireless communication
2-11     facility shall, before the 180th day before the date
construction
2-12     begins, file with the county official designated by the
2-13     commissioners court:
2-14                 (1)  a statement informing the county that the
2-15     construction is proposed and providing the date on or after
which
2-16     the construction will begin;
2-17                 (2)  copies of any necessary permits from the
Federal
2-18     Communications Commission;
2-19                 (3)  any necessary engineered drawings that have
been
2-20     approved by the Federal Aviation Administration;
2-21                 (4)  the correct phone number and address of each
2-22     entity involved in the construction; and
2-23                 (5)  maps of existing wireless communication
services
2-24     and facilities in the area and the links that will be created.
2-25           (b)  A person wishing to construct a wireless
communication
2-26     facility shall, before the 120th day before construction
begins,
2-27     publish a notice of a public hearing the person shall hold
about
  3-1     the wireless communication facility.  The notice must be
published
  3-2     in a local newspaper of general circulation in the county
stating:
  3-3                 (1)  the date, time, and place of the public
hearing;
  3-4                 (2)  the site, height, and proposed use of the
wireless
  3-5     communication facility; and
  3-6                 (3)  the name and phone number of a person whom
  3-7     interested persons may contact to receive information about
the
  3-8     construction.
  3-9           (c)  The public hearing must take place after the 20th
day
3-10     following the date of publication but before the 30th day
following
3-11     the publication date.
3-12           (d)  The person wishing to construct the wireless
3-13     communication facility shall, before the 60th day before the
date
3-14     the construction begins, mail a letter to each resident and
each
3-15     owner of land within one mile of the location of the wireless
3-16     communication facility stating:
3-17                 (1)  the site, height, and proposed use of the
wireless
3-18     communication facility; and
3-19                 (2)  the name and phone number of a person whom
3-20     interested persons may contact to receive information about the
3-21     construction.

Personally, I have two concerns about HB 1148.  It's effect on Amateur
Radio installations and Public Safety agencies with limited budgets for
communications.  As a commissioner in our local Emergency Services
District, which provides Fire and EMS services in our area, I can tell
you the cost of meeting these requirements when I need to make a change
in my  radio systems could put quite a hole in our small budget.

I have some sympathy the intent of the bill, but I fear the potential
unintended consequences would be costly and damaging to us.

What we need to do is point out the problems with bill and try to get
the Legislature to amend the bill to exempt both Amateur Radio and
Public Safety FCC licensees.

If passed, this bill, as written would over turn all the work and
accomplishments of the Texas PRB-1 bill passed in the last legislature.

READ the entire bill at:

http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=77&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=01148&VERSION=1&TYPE=B

Then Call, email, or write your Texas House Representative and State
Senator.

Their names and addresses can be found at:

http://www.house.state.tx.us/house/member.htm

and

http://www.senate.state.tx.us/75r/senate/Members.htm

I have already spoken with my rep and the author's staff.  I am writing
in follow up.

If anyone has any questions, I will try to answer them.

-- 
GLEN REID
...in the beautiful hill country of TEXAS...
Email:  k5fx@arrl.net

"The difference between genius and stupidity is that genius has its
limits"
---
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