W3NYI wins tower battle

Some good news for a Pennsylvania ham who had been fighting to keep his tower and antenna. Word that Chuck Mills, W3NYI, will be able to keep his tower after all.

Amateur Radio Newsline's Mark Abramowicz, NT3V, has more:

A few weeks ago on ARNewsline, we told you the story of Chuck Mills, who lives in a small town east of Pittsburgh.

Mills was granted a permit and then had it lifted by Penn Township officials after neighbors complained about his plan to erect a 53-foot, tilt-over, crank-up tower in his development.

American Radio Relay League volunteer legal counsel Michael Lazaroff, K3AIR, stepped in and tried to allay concerns of the township officials.

But, when Lazaroff tried to meet all concerns raised by the township in a second filing for a permit, he got a call from the township's attorney that the second application would likely be denied.

But that didn't stop Lazaroff.

He told the township attorney that the small community could be facing a very expensive legal fight which he predicted it would lose if it denied the second permit.

Lazaroff also noted a story in the local press reported the township treasurer complained that the municipality already had exhausted its legal budget for the year handling Mills' appeal hearing.

In an email to Amateur Radio Newsline, Lazaroff says he heard nothing more about Mills' second application.

But, Lazaroff's research into state law found language stating any building permit application not acted upon within 15 business days is automatically granted.

Lazaroff tells Amateur Radio Newsline he sent the township a letter citing the statute and advising officials that any interference in the timeline would result in an immediate lawsuit.

Two days after the 15-day period expired, Lazaroff says Mills received his permit.

Meanwhile, legislative remedies to prevent future problems like the one Mills faced are making their way through Pennsylvania's state House and Senate.

As of this week's deadline, the Pennsylvania Senate was preparing to pass a bill barring municipalities from interfering with amateur radio tower installations.

The bill contained an amendment mentioning a possible height restriction for certain townships, but left it open to legal interpretation whether any restriction would have to be followed.

The Pennsylvania House has a similar bill - without the amendment - awaiting action.

Those lobbying for passage of the bills say there appears to be a broad base of bi-partisan support for addressing the issue.

We'll keep you updated on the progress in future reports.

Mark Abramowicz, NT3V
Amateur Radio Newsline