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HomeMy WebLinkAbout1998 08 18 Letter to Congressman John Mica 1- ~ Zl u ~ ~, ~~rc,~. t Code Enforcement June 11, 1998 The Honorable John L. Mica U.S. House of Representatives 1211 Semoran Blvd., Ste. 117 Casselberry, Fl. 32707 Dear Congressman Mica, 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6288 Thank you for your recent offer of assistance with the Federal Communication Commission. At the request of "Sally" in your office, here is an outline of the case: 5/29/98- Recd several complaints regarding CB or HAM radio interference from 413 David St. Called 1-800-347-1997 number listed in phone book for Federal info. Wrong number. Called 1-800-688-9889- recd member for Federal Communications Co><mnission Called 1-888-225-5322. Spoke with "Darrell" and I explained our situation of residents without telephone use. He initially asked if the offender was a homeowner. If not, he said, then we'll have him evicted. He then said that the real problem was the manufacturers of the telephone equipment- that they don't put the necessary filters on their products and that we should encourage our residents to lobby the manufacturers. I asked what the FCC could do in the meantime to help these people have access to their phone equipment . Nothing, he said. We do not enforce any regulations like that. I asked him if there was a local office and he CITY OF WINTER SPRINGS, FLORIDA "; said no, the nearest one was in Miami. When I asked for the address and phone number he said that they didn't have that infor- mation. I had been on the phone for about 45 mins. at this point and was a bit insistent. I told him that I would hold while he got up and found the number. He finally got an address, but said that there was no phone number for the Miami office. I thought this odd and called Directory Assistance for Miami. They said that the Miami office of the FCC does not have a phone number. I called the Federal number again. This time I spoke with "Wendy". She told me a different story. She said that there are regulations that govern output from CB and HAM radios. She gave me the limits of the wattage output. She explained that any thing in excess of these limits would be a violation of FCC regu- lations and subject to enforcement. But, she also said that the FCC does not enforce these matters due to lack of staff. I asked if I could enforce it as a municipality, and she said no. So, I asked what kind of help could I offer to my residents when they have difficulty using their phones. She said that they could buy a new "special" phone. I asked her that these people had been using these phones for years and now, because of the illegal actions of someone else ,they must invest in other equipment? Wouldn't it make more sense to enforce the existing regulations? She gave me the address of the Tampa office, but advised that there was no phone there either, but that there was a fax number. (Why didn't "Darrell" tell me all this?) 5-29-98 I faxed a complaint to the Tampa office, (copy attached) outlining our concerns. I also called your office. 6-1-98 Received fax from your office asking for a diclosure . 6-2-98 Faxed your office disclosure form. Paid site visit to 413 David St., site of alleged FCC violations. I spoke with the resident that is installing the towers. I ad- vised him of the citys regulations as to the construction of structures in the city and to the height limitations in his par- ticular zoning district. I told him that he had to pull a building permit right away. t 6-3-98 6-5-98 6-8-98 6-10-98 Sent owner and tenant at 413 David St. a Notice of Code Vio- lation (certified mail #097182141) for failure to obtain a Build- ing Permit for antennas. Received from FCC, Tampa a letter from someone- it was not signed. (copy attached) Basically, it says that they do not in- vestigate these violations, but if enough evidence is presented to substantiate a violation ,then they might do something. But, they also say that violations like this "may never be acted upon". Received letter from Rep. Mica, (copy attached) Faxed memo to the Tampa office, (copy attached). I asked for a copy of "Amateur Radio Preemption 101 FCC 2d 952 (1985)" which is a preemption noted in our Florida Statute 166.0435. This states that it is unlawful for any municipality or county to enact or enforce any ordinance that would be in conflict with this FCC regulation. So, before we can grant or deny a building permit based on our regulations on height for antennas, we need to know what the preemption is. Received a copy of a letter from Ralph M. Barlow, District Director for the Tampa office of the FCC to Congressman Mica, (copy attached) I received a call from the Tampa office on my voice mail from "Brian". He gave me a phone number, but said that it was not for public access. I called "Brian" in the Tampa office and he said that a case file had been started. I asked if they would be investigating and he said that no, they would not. Then, I asked then, what will you be doing with this case file. He said that maybe in a couple of weeks after they finish some other projects that they might be able to send someone out. But, that even if we provide the FCC with evidence of a rule violation and even if the violator admits to the violation, but refuses to correct that they wouldn't do any- thing else. They do not prosecute. I brought his attention to our Fl. Statute 166.0435 and 125.561 that references a document from the FCC. I asked for a copy. .., -- .~ • He had never heard of it. I asked him to look for someone else that maybe has heard of it. He could find no one. I asked him how was I going to enforce a local ordinance that must conform to the FCC regulations when I don't know what the FCC regula- tions are? If the FCC doesn't know, then who does? He told me that I needed to call the 888-225-5322 number and ask for the regulation. I did. I spoke with "Donna" who said that there are two sources for these documents, although she had never heard of it either. She said that the Government Printing Office is the best off ce to call and she gave me the number, along with a number for I.T.S. which is a service that provides documents. I called the Go- vernment Printing Office number. It was not in service. I then called the I.T.S. number and encountered a rather surly person, "Karen". She said that they would do a search for docu- ments for $ .OS a page and $12.00 an hour. I asked if they had the documents I needed. She said that I needed to send in the money first, that there was a $25.00 minimum charge. So, I asked how do I know how much to send you if I have no idea how much to send you? She said that I need to send them $60.00 and they will begin the search. If it is more they will let us know, if it is less, they will refund the difference. It could take weeks. I need to find this now. 6-11-98 I have visited the local law library at the Seminole County Court House. They do not keep FCC records. I really need to have this document, as the violator has tried to obtain permits for this structure and I have no idea if our local regulations as to height restrictions are in conflict with the Federal guidelines. My residents are still experiencing problems and I have reached the end of my sources. I appreciate your help.