Snohomish County Says "No" To AM Towers

[Carmine5]

Most of us are aware of the eco-terrorist attack on KRKO's towers last year. Now it appears that some people in that county want to take legal action against the towers by way of an amendment. Of course, the amendment affects not only KRKO but any AM station in Snohomish County.

From the KRKO website:

"Amendment 30 which is designed to eliminate AM radio in Snohomish County by preventing us from rebuilding our towers at the same size when they wear out. Amendment 30A prevents us from moving our towers to a location identical to where we’ve been for decades in the event new technology or changes in the industry allow us to provide a better signal."

http://www.northsound1380.com/thebigstory/1269/

In my own case, I met with a great deal of NIMBY resistance when I had an AM CP and wanted to build two towers in or near the COL. I finally wrote the CP off as a loss and let it expire (it was cheap enough to do that).

But I'm thinking we may see more of this kind of legislation as AM stations grow less valuable in the eyes of the communities they serve. A terrible shame, really. c5

 

[wgliradio]

Yeah but keep those fake trees comin.....

 

[Bengalsfan]

I don't think they can do that. Radio stations are federally licensed. Federal law trumps local law. I don't think local jurisdictions can just "ban" towers like that.

 

[PTBoardOp94]

They can pass some ordinance restricting the construction of towers, but I don't know whether an outright ban is allowable. The complete text of the ordinance would be helpful. I went looking on the Snohomish county web site, and found no reference to any "amendment 30" in their ordinances section.

 

[Carmine5]

They can pass some ordinance restricting the construction of towers, but I don't know whether an outright ban is allowable. The complete text of the ordinance would be helpful. I went looking on the Snohomish county web site, and found no reference to any "amendment 30" in their ordinances section.

I know for my own proposed tower construction project, the different cities I considered each had height and location restrictions for new tower construction (usually 100' max and located somewhere near the city dump or a refinery). I probably would have had to have gotten variances to build.

But a county-wide ban or restriction seems most unusual.

 

[grich]

So, if the amendment passes and the eco-terrorists return and drop your towers, you won't be allowed to rebuild?

What if the eco-terrorists are members of, or in cahoots with, the county government that passed the ordinance?

Any chance some land developer is in the shadows hoping to buy your antenna farm real cheap?

Sorry... the cynical-paranoid-redneck part of me doesn't bubble to the top very often.

 

[DanStrassberg]

But a county-wide ban or restriction seems most unusual.

Talk to Bob Vinikoor of unbuilt DWQTH in the Hanover NH area. He won his case in the NH Supreme Court, but he still couldn't get the station built, despite starting over with a new CoL, a new Tx location, and a completely new DA design. Ultimately, as time was running out (or had run out), the CP was pulled or surrendered for failure to construct. I remember one of the tricks pulled by the town where the original four or five-tower array on 720 was to be built (the modified design was six towers). After they lost their case in NH Supreme Court, the town established a requirement for a (IIRC 6'-tall chain-link) fence completely surrounding the Tx property. This was a four or five-tower array on 720. The length of fencing required was close to a mile. The cost was, of course, prohibitive. So he applied for and was granted a modified CP for a different town (Claremont NH?) with a six-tower array at a different site in a different town, but still was unable to construct. It seems that these NIMBY towns can thumb their noses at anybody and get away with it.

 

[jetfli]

I believe the public has made its choice regarding AM radio. If anything, the government should be involved in a "fix" for all of the legitimate AM stations to find their way to FM with more than just a community relay.

 

[TVradioguru]

Interesting! Who's to say a particular AM station is considered "legitimate"? You? Your Buddies? The State Supreme Court? That, would be a particularly slippery slope.

The fact is the FCC doesn't want to get involved in local zoning issues. If a station was the only station available to provide news and emergency communications to the community, then a case could be made. The fact is that most of these AM stations are surrounded by other stations or larger markets. No AM station today has that unique of programming where the local zoning would be preempted by the government.

If I owned an AM anywhere, I'd start looking for a buyer or be prepared to go dark in about five years.

 

[Carmine5]

But a county-wide ban or restriction seems most unusual.

This was a four or five-tower array on 720. The length of fencing required was close to a mile. T

A miles worth of fence? These are radio towers not cattle. They don't graze.

It would be interesting to know just how many AM CPs from Auction 87 actually got built. I would venture to say, at most, a quarter of them. And it would also be interesting to know just how many unbuilt stations were a victim of tower site issues. I'll bet plenty. Anymore it seems that the only way you can build a new AM station is to co-locate with an existing tower.

 

[Carmine5]

But a county-wide ban or restriction seems most unusual.

This was a four or five-tower array on 720. The length of fencing required was close to a mile. T

A miles worth of fence? These are radio towers not cattle. They don't graze.

It would be interesting to know just how many AM CPs from Auction 87 actually got built. I would venture to say, at most, a quarter of them. And it would also be interesting to know just how many unbuilt stations were a victim of tower site issues. I'll bet plenty. Anymore it seems that the only way you can build a new AM station is to co-locate with an existing tower.

Sorry, I meant Auction #84.

 

[kenglish]

......It would be interesting to know just how many AM CPs from Auction 87 actually got built. I would venture to say, at most, a quarter of them. And it would also be interesting to know just how many unbuilt stations were a victim of tower site issues. I'll bet plenty. Anymore it seems that the only way you can build a new AM station is to co-locate with an existing tower.

Sounds like an interesting subject for one of the trade magazines to investigate.

 

[Bob1370]

"What if the eco-terrorists are members of, or in cahoots with, the county government that passed the ordinance?"

Or funded by a potential competitor in a nearby (but unaffected) county? (Or what if the politicians who pass that ordinance get campaign money from said competitor?) All sorts of abuses are possible...

 

[Carmine5]

"What if the eco-terrorists are members of, or in cahoots with, the county government that passed the ordinance?"

Or funded by a potential competitor in a nearby (but unaffected) county? (Or what if the politicians who pass that ordinance get campaign money from said competitor?) All sorts of abuses are possible...

You may not be too far from the truth. I just spoke with the PD of KRKO (who is a friend of mine) and he said that the counsel basically told Andrew Skotdal that if his recently rebuilt towers ever came down again they will try to prevent him from rebuilding the towers at their same height or even rebuilding them at all. Now doesn't that sound like an open invitation for these eco-terrorists to try again?

The ordinance would also prevent any AM towers that have reached the end of their useful life from ever being replaced. It's a real cute piece of legislation.

 

[DanStrassberg]

You may not be too far from the truth. I just spoke with the PD of KRKO (who is a friend of mine) and he said that the counsel basically told Andrew Skotdal that if his recently rebuilt towers ever came down again they will try to prevent him from rebuilding the towers at their same height or even rebuilding them at all. Now doesn't that sound like an open invitation for these eco-terrorists to try again?

If a connection can be established between the NIMBYs and the eco-terrorists who took down the KRKO towers last year, the NIMBYs should be prosecuted.

 

[Carmine5]

You may not be too far from the truth. I just spoke with the PD of KRKO (who is a friend of mine) and he said that the counsel basically told Andrew Skotdal that if his recently rebuilt towers ever came down again they will try to prevent him from rebuilding the towers at their same height or even rebuilding them at all. Now doesn't that sound like an open invitation for these eco-terrorists to try again?

If a connection can be established between the NIMBYs and the eco-terrorists who took down the KRKO towers last year, the NIMBYs should be prosecuted.

Dan;

I should mention that Mr. Skotdal has retained the services of a lawyer to fight the matter. It could involve a lawsuit against the entire council or just certain members who have been driving this ordinance.

But if allowed to pass it could set a dangerous precedent for other tin demigods on city and county councils everywhere who have a desire to shut down local broadcast stations (whom, I might add are often local small business owners and local employers).

Too bad these people can't take a Scott Fybush approach and celebrate AM towers; viewing them as an integral part of the American landscape--a reassuring local presence in the communities they serve. c5

 

[DanStrassberg]

I should mention that Mr. Skotdal has retained the services of a lawyer to fight the matter. It could involve a lawsuit against the entire council or just certain members who have been driving this ordinance. But if allowed to pass it could set a dangerous precedent for other tin demigods on city and county councils everywhere who have a desire to shut down local broadcast stations (whom, I might add are often local small business owners and local employers).

Andy probably knows Bob Vinikoor. I would not guess that they know each other well, though. If they have not spoken in the last few months, it might be worth their speaking with each other now. Vinikoor had lawyers too--darned good ones, too, apparently. He won his case against the Town in NH Supreme Court. Until he won, I don't think anyone gave him credit for having a snowball's chance of winning. But in the end, winning got him nothing except big legal bills.

 

[BobOnTheJob]

Let's see here...Washington = very Liberal state. AM radio = home of Conservative talk. Action = make life so miserable AM goes away.

 

[bossbill]

I don't think they can do that. Radio stations are federally licensed. Federal law trumps local law. I don't think local jurisdictions can just "ban" towers like that.

I tried that once when I was pulled over for speeding to my off-the-air transmitter. Didn't work, but the magistrate thought it was original.

 

[Carmine5]

As a follow up to this discussion, the Snohomish County Council has relented and will allow existing AM radio towers and ones with permits already issued to be rebuilt if they are damaged or destroyed.

You can read the final outcome here:

http://www.heraldnet.com/article/20101013/NEWS01/710139804