[NLRS] FCC Petition RE Antenna Restrictions

[tosca005 at umn.edu]

On Jun 3 2012, Barry VE4MA wrote:

>
>
>Good Morning All,
>
>I see there's still time to sign the newest petition requesting the FCC to
>void existing developer and HOA antenna restrictions and requiring
>developers and HOAs to make "reasonable accomodations" by clicking on the
>link listed below... over 2800 have signed already.
>
  
http://www.change.org/petitions/federal-communications-commission-void-antenna-restrictions-by-homeowner-s-associations-and-developers
>
>I signed it (Arizona winter home), and it would be a good gesture for all
>hams to join in.
>
>Best 73
>Barry VE4MA

Thanks for the reminder and the link. I happily signed the petition (after 
I pulled the link into Notepad and re-assembled it into all one line where 
it had been broken by either your web browser or mine, not sure which).

I am fortunate that my property in Apple Valley is not under the thumb of a 
CC&R, although I need to deal with the city of Apple Valley, which is 
easier to do because the FCC rules on "reasonable accommodation" *DO* apply 
to city ordinances, just not to "voluntary contracts".

The catch is that CC&R's are not particularly voluntary. Here in Texas, it 
is quite a difficult proposition to buy a home or a parcel of land that is 
not covered by a CC&R that restricts the erection of an antenna. The only 
thing voluntary about the agreement is "agree to it or buy somewhere else". 
The FCC has stated in the past that it did not see a need to intervene in 
such "voluntary agreements", but one of the goals of the petition is to 
make it clear how onerous, widespread, and one-sided these rules are, and 
to encourage the FCC to assert its authority over these cases the same way 
that it asserts its authority over state and local laws.

73 de W0JT/5 (heading back to 0-land tomorrow)