[Elecraft] Federal Preemption

[Phil Kane]

On Thu, 23 Mar 2006 15:38:23 -0500, Darwin, Keith wrote:

>Another approach is to have a vertical on a tilt-over base.  Raise it at
>sunset, stow it when you're done.  Nobody sees it during the day.
>
>Or just run portable / temporary from your back yard.  Set up some
>antenna, use it, take it down when you're done.

  That makes it sneaky but not compliant if they catch you (neighbor
  complaint, for instance) and want to make a stink of it.  If they
  do, what legal leg do you have to stand on?

>A moving target is tough to hit.

  We disproved that many times when I was with FCC field enforcement
  (28 years) and the df equipment in use these days is far better
  than what we had.  My retired and ex-military signal-spook friends
  agree with me.

  It all depends on how nasty the HOA wants to be in "getting" you and
  who they hire to do so.  One of my former agents was the kind of guy
  who had the patience to sit around the corner from a CBer's house
  for eight hours waiting for him to come on.

>I had a friend in Albuquerque who was in a place with strict CCRs.  He
>had a 30' tower with a full size 3 element tribander.  Said he got
>permission for it in writing as a condition on purchase of the house.

  That's the way to do it.  I did the same when we bought a condo
  apartment 18 years ago, to the great annoyance of a nosy neighnor
  across the parking lot.

>I think the real key here is to just not move into a place with antenna
>restrictions in the first place. Or to get your written waiver at the
>time of purchase.  Easier said than done in some places though.

  When we moved up here 6 years ago, we had two special requirements -
  very close to a bus line (I couldn't drive for several years because
  of eye problems) and no deed or HOA restrictions on antennas.  We
  had to pass up three homes which were nicer than the one we finally
  settled for because of the latter, including one brand-new townhouse
  where the Realtor couldn't find any CC&Rs while my trained legal eye
  said that the house fairly screamed "plenty of CC&Rs" as I looked at
  the neighborhood.

--
   73 de K2ASP - Phil Kane
   (K2/100 #5402 coming soon
     to a ham-band near you)