[RVRC] Restrictive CC&Rs

[drew Moore]

The PUSH is on to get federal regulations or a statute adopted which would
outlaw unreasonable CC&Rs.  As an ARRL Voluntary Counsel, I have been asked
to recruit hams with a "story to tell" about the negative impact of CC&Rs on
emergency preparedness and disaster communications. I urge all to "get
involved" with this important effort.  Below is the League's blast email
request. Thanks.

73

Bob Conroy
KB2VMG



-----Original Message-----
From: Henderson, Dan N1ND
Sent: Tuesday, April 03, 2012 2:26 PM
To: arrl-vc
Subject: [Arrl-vc:5] FCC Issues Public Notice Soliciting Comments on
Impediments to Amateur Radio Communications

Do you live in a CC&R- restricted community or participate in EmCom
activities?  Have deed restrictions / HOA covenants prevented you from
erecting amateur radio antennas? Have these restrictions prevented you from
full participation in emergency communications activities during disasters? 

If your answer is "Yes", ARRL needs to hear about your experience. 

As you are probably aware, Congress has directed the FCC to conduct a study
of the uses and capabilities of Amateur Radio Service communications in
emergencies and disaster relief.  The FCC was directed to identify "
impediments to enhanced Amateur Radio Service communications, such as the
effects of unreasonable or unnecessary private land use restrictions on
residential antenna installations".
Finally, the study is to make "recommendations regarding the removal of such
impediments."

The FCC has issued a Public Notice - DA 12-523- soliciting input from the
public as part of their study.  The ARRL is gathering comments from the
Amateur Radio community to present as part of its comments on the public
notice.

The ARRL is looking specifically for input in two specific areas:

*    Recent Amateur Radio involvement in actual emergency
communications and disaster relief;

*    Specific details about how CC&Rs and other private land use
restrictions have impaired licensed Amateurs to participate fully in these
disaster relief communications.

If your ability to participate in ARES, RACES, SKYWARN, CERT, or other
emergency and disaster relief communications has been limited because the
inability to have adequate antennas due to CC&Rs, you are asked to provide
that information to the ARRL.

First, we recommend that you prepare a narrative of your exact situation, in
as much detail as practical. Some areas for you to consider in writing your
story might be:

*    Were there alternative properties without CC&Rs in the area you
wished to reside?

*    What exactly does your CC&R allow / prohibit (please include a
copy of the specific wording)

*    Have you applied for a waiver of the CC&R with the Home Owner's
Association / Architectural Review Committee but were denied?  If so, what
was the reason?

To assist you in sharing your information with the ARRL, please visit the
special ARRL website built to allow you to readily provide the pertinent
information at www.arrl.org/ccr-study-information

This page will present you with an overview of what we are asking and have
links to the two forms for you to complete.  Please be as factual as you can
with the information you provide and please provide only information about
events and activities in which you were directly involved.

If you wish to write out the details of your situation in advance, please do
so.  The, they can be either uploaded from the website or they can be sent
as an email attachment to an email sent to CCRinfo at arrl.org

Keep in mind that the FCC study does not apply to ordinances and zoning laws
implemented by the government - such as towns, cities or counties.
PRB-1 covers those situations.

TIME IS OF THE ESSENCE!  Congress directed that the FCC provide the report
back within 180-days and that clock is already counting.  The FCC is only
accepting comments for a 45-day period, which will end May 17,2012.  In
order for the ARRL to collate your information in a common report, we ask
that you send in your information no later than WEDNESDAY APRIL 25.  If you
need more information, please contact reginfo at arrl.org The time to act is
NOW!

Dan Henderson, N1ND
Regulatory Information Manager
ARRL, the national association for Amateur Radio
860-594-0236
dhenderson at arrl.org