[Boatanchors] The Silence of the Bands

[RAY FRIESS]

If Congress passes the bill, the HOA's will not have a legal basis to challenge it in court.  They can, but they will likely lose.

It will be similar to PRB 1, which mandates that state and local governments make "reasonable accommodations" for

an amateur antenna or tower.   That one has been cited in court in many cases where amateurs have challenged

zoning restrictions and height restrictions.  The state and local governments have lost every time.

In one case I read, the city claimed they made a reasonable accommodation by allowing the tower height of 20 feet.

The ham's attorney showed the court that for optimum conditions, on 20 meters you need a minimum of 30 feet to get the best signal propagation.  The city lost.  The courts have ruled that the FCC's rules, being a federal agency, supercede or take precedence over state and local zoning and regulations when it comes to antennas.  The HOAs will be in the same category.

I just doubt that Congress is going to pass the bill anyway, despite all the mouth service to the great service that

hams provide in emergencies.


________________________________
From: boatanchors-bounces at mailman.qth.net <boatanchors-bounces at mailman.qth.net> on behalf of B Farrell <bradk4rt at gmail.com>
Sent: Wednesday, September 20, 2017 5:48 PM
To: Boat Anchors List
Subject: Re: [Boatanchors] The Silence of the Bands

The FCC doesn't have the authority to void anything like that. Restrictive
covenants are binding on the property owner just like a contract and
residents who move into HOA neighborhoods sign agreements to abide by the
covenants and HOA restrictions. The problem with the ARRL's bill in
Congress is that when push comes to shove and the HOAs go to court to
challenge that statute, the law is on their side and courts will more than
likely uphold the covenants that have long been in place irregardless of
the statute. But that will give the ARRL a reason to ask for donations for
the legal fund.

I feel for hams who live in HOA neighborhoods with onerous restrictions- we
did for 9 years- but the ARRL's big legislative endeavor will likely end up
wasting enormous sums of League money with nothing gained.  Hopefully I'm
wrong.

Brad K4RT

On Wed, Sep 20, 2017 at 8:05 AM McDonald, J Douglas <jdmcdona at illinois.edu>
wrote:

> None of these are the ideas that would work. Only one thing will work, and
> it really
> would make a difference. Its also within the FCC's power.
>
> Void homeowner association and apartment rules prohibiting antennas,
> and explicitly permitting transmitting.
>
> That's what's stopping me.
>
> Doug McDonald
>
>
> -----Original Message-----
> From: boatanchors-bounces at mailman.qth.net [mailto:
> boatanchors-bounces at mailman.qth.net] On Behalf Of Rob Atkinson
> Sent: Wednesday, September 20, 2017 5:36 AM
> To: Michael Poteet
> Cc: Boat Anchors List
> Subject: Re: [Boatanchors] The Silence of the Bands
>
> This might be a good idea and I think the ARRL committee exploring
> ideas for creating a new Novice type license or enhancing the existing
> Tech. license is looking for suggestions.
>
> Rob
> K5UJ
>
> On Tue, Sep 19, 2017 at 4:49 PM, Michael Poteet <mcpoteet at gmail.com>
> wrote:
> > I expect that most people 35 years of age and younger are decent (if not
> > skilled) typists after years of keyboarding on computers at home and at
> > school.  And they are certainly used to communicating via typed messages.
> > Perhaps we should urge the ARRL to approach the FCC to open the
> Novice/Tech
> > frequencies on 15, 40 and 80 meters to digital modes.  These bands would
> > provide the opportunity to engage in interesting contacts any hour of the
> > day, any month in the year unlike the other Novice/Tech frequencies.
> This
> > may be a way to bring new people into the Hobby and, more importantly,
> keep
> > them in the Hobby.
> >
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