[CW] Amateur Radio Parity Act Receives Favorable House Energy andCommerce Committee Report

[James Hull (NEW)]

Hans:  Great points, all.   I live in a very rural setting, so HOA issues are not anything I am concerned of.  Same with local governance, as you can pretty much do what you want to do out here in the country.

But I have heard of some local HOAs getting out-of-hand with their imposition of aesthetically-based rules.  Gotta keep your cars inside the garage, cannot leave your garbage cans at the curb overnight, can’t plant flowers without HOA approval.  I couldn’t take that kind of living.  So I don’t.

You make excellent points about the installation of good antennas and having the justification to do so without local government (city, town, etc.) being able to prevent you from doing so.  Your argument is that PRB-1 enables that kind of “cover” and that is a good thing, for all.

Now I see the value of this legislation.  I stand corrected.  Thanks for the clarity.

Jim



> On Jul 15, 2016, at 10:18 PM, Radio KØHB <kzerohb at gmail.com> wrote:
> 
> You’re mistaken, James.
>  
> Many of us remember pre-PRB-1 when cities and townships could willy-nilly prohibit amateur radio antennas “just because”.  PRB-1 gave us a “lever” to convince city hall that they needed to allow “reasonable accommodation” to our needs for effective antennas.  Didn’t mean that we could erect a 160-meter four-square array on our city lot, but in most cases today a reasonable (50-foot tower and tribander) antenna system is within the scope of most suburban tower ordnances.  In my city (a suburb of Minneapolis) we can erect a 70-foot tower with beam(s), and all the usual wires, etc., with just a normal permit (no “special use permit” or other hoops to jump through).  Prior to PRB-1 this would likely not be the case.
>  
> If I want to go beyond that ordnance, I can request a “special use permit” and the city (because of PRB-1) is required to entertain my request and have a reasonable cause for rejection.
>  
> Of course, if I live in a home with HOA or other CC&R restrictions, none of the above applies.  If (today) I want to erect an antenna in such circumstances, I must violate the contract that I signed, and erect some compromise system that I can “sneak by in the dark” to avoid sanctions by the HOA.
>  
> So while PRB-1 is a Federal proclamation that pre-empts local governments from imposing unreasonable restrictions, the Parity Act will be an equivalent Federal rule which requires HOA’s to not impose unreasonable rules against amateur radio antennas.  
>  
> Without it you have no leverage at all.  
>  
> The HOA/CC&R’s can totally take you off the air.  Period.  If you’re caught in violation with some “sneak in the dark stealth” (which probably doesn’t work for crap anyhow), you could lose your home!
>  
> With the Parity Act in place, the HOA is REQUIRED to allow reasonable accommodation for your antenna needs, and as in the case of PRB-1, competent legal help (think ARRL Volunteer Counsel) can help you argue the case as to what is “reasonable accommodation”.  
>  
> Some HOA’s will likely still be sticky, and even unreasonable, but with Federal law on our side and a couple of decades of cases defining “reasonable” under PRB-1, this new law will be a HUGE tool for our service.
>  
> 73, de Hans, KØHB
> "Just a boy and his radio"™
>  
> From: James Hull (NEW) <mailto:james.hull at va.metrocast.net>
> Sent: Friday, July 15, 2016 11:24 PM
> To: CW Reflector <mailto:cw at mailman.qth.net>
> Subject: Re: [CW] Amateur Radio Parity Act Receives Favorable House Energy andCommerce Committee Report
>  
> I think the pre-Parity Act situation is much better than what the new situation will present.  
>  
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> =30=

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