[PVRCNC] [PVRC] Fwd: ARLB011 Amateur Radio Parity Act Language Inserted in National Defense Authorization Act

Jim K4QPL k4qpl2 at nc.rr.com
Sat May 12 11:08:30 EDT 2018 

There has been a lot of talk going around on the cwops reflector as well as ours. Below has been sent so apologies if you get a duplicate.

A few comments:
1. Not everyone can live in the country. Imagine what it would be like if they did!!
2. A bill that mandated antenna rights in a CCR community would NEVER, NEVER pass Congress. And if by some miracle it did, it would never pass constitutional muster in the Supreme Court as presently constituted. (Property rights, contract rights, etc.).
3. I think a slice of bread (not even half a loaf) which we got is better than no bread at all.
4. I do not  believe all HOA's are evil. Their agenda is different from yours, but not always irreconcilable. They are also political, and as said, "all politics is local".
5. The challenge will be to be reasonable and to "sell" your needs to the key decision makers in the HOA. This is a great opportunity to introduce ham radio to a broader audience and to find a way to differentiate your needs from the headline makers like the superstations and their towers.
6. Put yourself in your neighbors' shoes. Look at your property and see what and how an antenna can blend in. Be prepared to compromise in design, height, color, etc. Camouflage paint on elements, towers and wires does not affect RF significantly.
7. THE IMPORTANT STUFF: Get to know your neighbors and get to be known as a sensible, respectful, and friendly neighbor. Learn who the real decision makers and influential people are in your subdivision. Meet with them IN PERSON before you even think about putting in an application. Explain ham radio. Talk about why this was put in a defense bill. Show them what you are thinking about. Ask for suggestions. Repeat for all. Learn who the naysayers and "covenant police" are and try to get to know them without talking about ham radio until they respect you as a person. Most are insecure bullies and don't want to be on the wrong side.
8. When you have laid the groundwork and prepared a plan that you already know the decision makers in principle will approve, only then put in a formal application. Make it a presentation. Clear drawings and photographs, clear cooperative language, no typos, no bad grammar, no confrontational or demanding language, etc. Make enough copies so all board members will have time to review before any meetings. If you can't do this yourself, get professional help. 
9. Welcome discussion with the board, site visits etc. Stay positive and courteous, even in the face of opposition. Point out that they have the authority to grant reasonable exceptions to even black and white CCR terms.
10. Be appreciative in victory and don't go over what is approved. Be gracious and courteous in defeat. Board elections are usually annual and one or two new members on your side may make a new application pass.

Follow these guidelines and you just might make a glass of lemonade from even this "lemon".

73,
Jim, K4QPL

-----Original Message-----
From: pvrc-bounces at mailman.qth.net [mailto:pvrc-bounces at mailman.qth.net] On Behalf Of Richard F. DiDonna NN3W
Sent: Friday, May 11, 2018 10:10 PM
To: pvrc at mailman.qth.net
Subject: Re: [PVRC] Fwd: ARLB011 Amateur Radio Parity Act Language Inserted in National Defense Authorization Act

Nice to see the ARRL finally wise up.  I proposed this track about about a decade ago.......

73 Rich NN3W


On 5/11/2018 9:37 PM, Gmail wrote:
> By using the NDAA it is being acknowledged that amateur radio plays an important rule in defense and disaster communications.
> Since it is a “must pass” bill,  adding Parity to this bill is a brilliant end run around the hold that Sen Nelson (FL) has placed on the stand alone bill. It allows him to save face with the National HOA association that has its HQ inFL.
> Ray
> W8LYJ
>
> Sent from my iPad
>
>> On May 11, 2018, at 21:11, Paul Stoetzer <n8hm at arrl.net> wrote:
>>
>> The National Defense Authorization Act is an ideal vehicle for this 
>> type of legislation because it's always completed in a strongly 
>> bipartisan manner on annual basis. There are often provisions that 
>> have nothing to do with national defense just for that reason.
>>
>> As far as the "effective antenna" definition - that will have to be 
>> worked out in the rulemaking process. Getting ARPA enacted is just 
>> step one.
>>
>> 73,
>>
>> Paul, N8HM
>>
>>
>>
>> On Fri, May 11, 2018 at 9:02 PM, Chris Plumblee 
>> <chris.plumblee at gmail.com> wrote:
>>> Hi Tom,
>>>
>>> N3JT is a former FCC lawyer, so I'd defer to him for an expert 
>>> opinion. My understanding of the Parity Act is that the homeowner 
>>> must petition the HOA for permission to put up an "effective" 
>>> outdoor antenna. The problem, as pointed out by N3JT and K1VR, among 
>>> other experts, is that a 1/4-wave 70 cm ground plane is an 
>>> "effective" antenna if your hope is to kerchunk local repeaters. 
>>> There is no requirement that an antenna be effective for anything in particular.
>>>
>>> At the same time, if you put up a stealth antenna outside without 
>>> permission from your HOA, you've violated the Parity Act and 
>>> committed (arguably) a federal crime.
>>>
>>> There are other issues with the law. As with most things, reasonable 
>>> people can disagree, and I'm sympathetic to but not convinced by the 
>>> argument that the Parity Act will allow all hams in HOAs to at least get on the air.
>>>
>>> Your other question about national defense is a good one. I don't 
>>> see it myself, though I suppose an argument might be made that 
>>> advancing the state of the radio art might fall under the umbrella 
>>> of national defense, though it's hard (but not, I suppose, 
>>> impossible) to advance the state of the radio art without access to outdoor antennas.
>>>
>>> 73,
>>> Chris WF3C
>>>
>>> On Fri, May 11, 2018 at 7:05 PM, Tom K3TW via PVRC 
>>> <pvrc at mailman.qth.net>
>>> wrote:
>>>> FYI:  There are very strict HOA rules here in Florida that restrict 
>>>> outdoor structures, including antennas.  I assume the same 
>>>> situations exists in the PVRC Circle up North.
>>>>
>>>> HOA's employ high power attorneys to enforce their rules.  
>>>> Homeowners agree to these restrictions before making a purchase and 
>>>> are bonded to abide by the rules.  They rarely win their cases.
>>>>
>>>> I have used indoor HF antennas with great success, and many mobile 
>>>> stations, especially active in State QSO Parties, repeatedly show 
>>>> that a 100 watts mobile station is very capable of establishing and 
>>>> maintaining long distance communications.  I have even worked DX 
>>>> from my CW QRP bicycle mobile station, and many hams have 2m FM handheld capability as pedestrians.
>>>>
>>>> So what's going on with the wording of ARLB011, and since when was 
>>>> amateur radio directly involved with our national defense?  Is the 
>>>> proposed restricted outdoor antenna structure a temporary or permanent structure?
>>>> Certainly a simple VHF/UHF antenna suffice to provide emergency 
>>>> communications during a disaster.
>>>>
>>>> 73,
>>>> Tom
>>>>
>>>> -----Original Message-----
>>>> From: Gmail <anyone1545 at gmail.com>
>>>> To: pvrc <pvrc at mailman.qth.net>
>>>> Sent: Fri, May 11, 2018 4:12 pm
>>>> Subject: [PVRC] Fwd: ARLB011 Amateur Radio Parity Act Language 
>>>> Inserted in National Defense Authorization Act
>>>>
>>>>
>>>>
>>>> Sent from my iPad
>>>>
>>>> Begin forwarded message:
>>>>
>>>> From: "ARRL Web site" <memberlist at www.arrl.org>
>>>> Date: May 11, 2018 at 15:08:24 EDT
>>>> To: anyone1545 at gmail.com
>>>> Subject: ARLB011 Amateur Radio Parity Act Language Inserted in 
>>>> National Defense Authorization Act
>>>>
>>>> SB QST @ ARL $ARLB011
>>>> ARLB011 Amateur Radio Parity Act Language Inserted in National 
>>>> Defense Authorization Act
>>>>
>>>> ZCZC AG11
>>>> QST de W1AW
>>>> ARRL Bulletin 11  ARLB011
>>>>  From ARRL Headquarters
>>>> Newington CT  May 11, 2018
>>>> To all radio amateurs
>>>>
>>>> SB QST ARL ARLB011
>>>> ARLB011 Amateur Radio Parity Act Language Inserted in National 
>>>> Defense Authorization Act
>>>>
>>>> ARRL is praising the work of US Representatives Joe Courtney 
>>>> (D-CT), Vicky Hartzler (R-MO), and Mike Rogers (R-AL) for their 
>>>> successful efforts in securing language in the National Defense 
>>>> Authorization Act (NDAA) for Fiscal Year 2019 that aids in the 
>>>> survival and growth of Amateur Radio by giving radio amateurs the 
>>>> right to install an outdoor antenna at their residences with the 
>>>> approval of their homeowners associations. This language - text 
>>>> from the proposed Amateur Radio Parity Act (HR 555) - formed the 
>>>> basis for the Courtney-Hartzler-Rogers Amendment to the NDAA.
>>>>
>>>> The amendment, offered by the bipartisan trio and accepted by the 
>>>> House Armed Services Committee by voice vote, will ensure that 
>>>> Amateur Radio operators will continue to play a vital role in 
>>>> disaster communication, when called upon. Amateur Radio has 
>>>> long-standing relationships with the Department of Defense through 
>>>> both the Military Auxiliary Radio Service (MARS) as well as 
>>>> spectrum sharing.
>>>>
>>>> The Armed Services Committee passed the NDAA by a 60-to-1 voice 
>>>> vote after a 14-hour markup that ran well into the night. The bill 
>>>> now awaits House floor action. The Senate will begin its markup of 
>>>> the NDAA during the week of May 21.
>>>>
>>>> Representatives Courtney and Adam Kinzinger (R-IL) spearheaded the 
>>>> effort to include the Parity Act language in the NDAA. Both are 
>>>> cosponsors of the Parity Act, which has passed the House by voice 
>>>> vote twice in the past 2 years.
>>>>
>>>> Recognizing the long-standing relationship between Amateur Radio 
>>>> and the Department of Defense, Congressman Kinzinger - who served 
>>>> multiple tours for the USAF as a fighter pilot and is still a Major 
>>>> in the Air National Guard, and Courtney, who represents the House 
>>>> district that includes ARRL Headquarters, have been champions of 
>>>> the legislation in Congress.
>>>>
>>>> "The steadfast support of the Amateur Radio community continually 
>>>> demonstrated by Congressmen Kinzinger and Courtney has been a 
>>>> godsend," said Hudson Director Mike Lisenco, N2YBB. "The Parity Act 
>>>> wouldn't be anywhere close to this stage without their strong 
>>>> support, and our organization is extremely grateful."
>>>>
>>>> Lisenco, who serves as Chairman of the ARRL Board's Legislative 
>>>> Advocacy Committee, also recognized other promoters of Amateur 
>>>> Radio, including House Energy and Commerce Committee Chairman Greg 
>>>> Walden, W7EQI (R-OR), Energy and Commerce Ranking Member Frank 
>>>> Pallone (D-NJ), and House Armed Services Committee Chairman Mac 
>>>> Thornberry (R-TX). "We are deeply grateful for their continued 
>>>> understanding and support," Lisenco said.
>>>>
>>>> ARRL will continue to press for support to enact the Amateur Radio 
>>>> Parity Act throughout the legislative process.
>>>> NNNN
>>>> /EX
>>>>
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>>>
>>>
>>>
>>> --
>>> Chris Plumblee
>>> 407.494.5155
>>>
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