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

[James Hull (NEW)]

Ron:

Sure, I can offer what I think is the advantage, now that Hans has enlightened me.

Hans outlined the reasons that PRB-1 is good legislation specifically noting that it forces the local governments (i.e., city, town, etc.) to take a more favorable perspective when an Amateur Radio Operator submits any required permits to erect an antenna.  Depending upon the local ordinances, this could be required for anything over 20’.  Bottom line is that the local governments are directed by the FCC to at least give Hams a “fair shake” when the request for a building permit is submitted.

Hans also outlined the reasons that the Parity Act is good legislation specifically noting that ***PROVIDED THE RADIO OPERATOR NOTIFIED THE HOA OF HIS/HER INTENTIONS*** the HOA can’t respond with a blanket disapproval.  The arbitration between the HOA and the Amateur Radio Operator will become over what is a “reasonable” antenna installation.  The FCC isn’t going to get into that discussion… as that decision is found within the COA contract signed by both parties… but it does tell the HOAs that they have to at least be reasonably reasonable (whatever that means) when considering the request.

Stan’s e-mail provides a scenario which, unfortunately, seems quite plausible.  An HOA being “fully compliant” with the Parity Act may not provide a sufficient solution for a Radio Operator that wants to snag some long distance contacts (and therefore needs a tall and big antenna).  The HOA is happy because they answered the legal requirement but the Radio Operator is now stuck with a restriction that s/he knows that THEY, the HOA, now know about… and will likely enforce.

The good thing coming out from the Parity Act is that the HOA at least cannot issue a blanket, “NO!”  That is, at least, better than nothing.  But the Parity Act also opened the door for ARRL Volunteer Counsel folks to get involved.  What the ARRL folks can do is explain the physics behind why a tall and large antenna is a reasonable request for communicating to far and distant locations.  While we Radio Operators may understand the physics of why a large antenna installation is reasonable because we have studied and taken test on the subject… the ARRL folks  //Snarky commenting ON// “can explain it so that even the HOA folks can understand it.”  //Snarky commenting OFF//

The answer to your question is this:  the Parity Act is better than nothing.  That is the only advantage.  But it is a start.

Hope this helped.


Jim



> On Jul 16, 2016, at 5:45 PM, Ron Youvan <ka4inm at gmail.com> wrote:
> 
>   James Hull (NEW) wrote:
> 
>> 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.
> 
>  I am not pulling your leg, (or a troll)  but I can't make out any
> advantage from this legislation.  Could you please explain what help
> this legislation is to any HAM?
> -- 
>  Ron  KA4INM - Youvan's corollary:
>                Every action results in unwanted side effects.
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