Fw: [Elecraft] ridge vent as antenna?

[Phil Kane]

On Wed, 22 Mar 2006 10:51:35 -0600, Gregg R. Lengling wrote:

>> You might want to read about the reaffirmations about PRB-1 on the FCC
>> website.  PRB-1 also applies to CC&R's, HomeOwner Assoc. ect.  Find it
>> here and read it...you will be pleasantly suprised.

  Sorry, but YOU will be unpleasantly surprised to find that there is
  a specific footnote in PRB-1 that clearly states that the limited
  pre-emption DOES NOT apply to private-sector agreements such as CC&R
  provisions or HOA regulations.

  We tried to slip in that it did pre-empt in a case in California
  (_Hotz v Rich_) about 12 years ago, and the trial court bought it,
  but the law clerk who wrote the decision in the Court of Appeal
  actually read PRB-1 and shot us down, as well as our argument that a
  state court enforcement of a private agreement constituted "state
  action" which would fall under PRB-1.  You win some and you lose
  some.

  Rep. Greg Walden (R-OR District 5) - who is one of the two licensed
  hams in The Congress - has introduced a bill to assert Federal
  pre-emption of such private agreements in the last few sessions of
  The Congress but in spite of numerous "co-sponsors" it dies each
  time.  Greg is facing a serious challenge in the coming election,
  too.

--
   73 de K2ASP - Phil Kane
   ARRL Volunteer Counsel
   (I used to do this full-time)