KI4PMG
08-01-2007, 07:17 AM
STATEMENT OF DON SCHELLHARDT KI4PMG, ESQUIRE,
PRESIDENT OF HAMS FOR ACTION,
IN RESPONSE TO THE FCC'S JULY 25, 2007 DENIAL
OF HFA'S APPEAL OF
THE FCC'S FEBRUARY 28, 2007 DENIAL
OF HFA'S JULY 20, 2006 PETITION FOR RULEMAKING
Statement issued: July 31, 2007
For further information: Contact Don Schellhardt
at pioneerpath@hotmail.com OR (804) 433-7268
[NOTE: The denied Petition For Rulemaking asked the FCC to initiate "partial and conditional" overrides of the total bans on outdoor ham antennas that many Homeowners' Associations (HOAs) now impose. Under HFA's Petition, modestly sized ham antennas, such as 20 foot flagpole antennas, would have been allowed for single family homes and townhomes. Window-sized antennas would have been allowed for rental and condominium apartments.]
Naturally, the Members of HAMS FOR ACTION are disappointed by the FCC's denial of our appeal of the Commission's earlier denial of our Petition For Rulemaking.
In particular, we note that the Commission has based its denial of our appeal, and of our Petition For Rulemaking itself, on the fundamental assumption that CC&Rs [Covenants, Codes and Restrictions] are voluntary private contracts. At the same time, the Commission has officially declined to solicit or consider the evidence that actions by State and local governments, and/or "lockstep" policies by lending institutions, often operate in practice to leave homebuyers without the choice of living in a neighborhood that is free of unduly burdensome CC&Rs.
This is like Galileo's Inquisitors, refusing to look into his telescope for themselves because they 'knew' in advance that the earth was the center of the universe.
Having said this, we must also thank the Commission for giving us a straight answer, promptly. It is now crystal clear that those who seek HOA antenna reform must look beyond the Federal Communications Commission.
We will have more to say on HFA's Web Site, at www.hamsforaction.net
In The Meantime, HFA sees two remaining alternatives, which are not mutually exclusive, for attaining HOA antenna reform.
(1) Direct, case-by-case reform, through interaction with individual HOAs;
And/or
(2) New reform statutes that are enacted by Congress, and/or by State Legislatures, and/or by voter-petitioned ballot Initiatives in States or localities which allow them.
HAMS FOR ACTION has already taken some "low profile" actions to explore the feasibility of the first possibility.
As for the possibility of legislative action, HFA is now working to determine whether America has enough rank-and-file hams who are willing to provide a "critical mass" of financial and logistical support. We need that "critical mass" of support if we are going to launch one or more effective lobbying campaigns without "running out of steam" partway. So this is our challenge to America's hams.
PRESIDENT OF HAMS FOR ACTION,
IN RESPONSE TO THE FCC'S JULY 25, 2007 DENIAL
OF HFA'S APPEAL OF
THE FCC'S FEBRUARY 28, 2007 DENIAL
OF HFA'S JULY 20, 2006 PETITION FOR RULEMAKING
Statement issued: July 31, 2007
For further information: Contact Don Schellhardt
at pioneerpath@hotmail.com OR (804) 433-7268
[NOTE: The denied Petition For Rulemaking asked the FCC to initiate "partial and conditional" overrides of the total bans on outdoor ham antennas that many Homeowners' Associations (HOAs) now impose. Under HFA's Petition, modestly sized ham antennas, such as 20 foot flagpole antennas, would have been allowed for single family homes and townhomes. Window-sized antennas would have been allowed for rental and condominium apartments.]
Naturally, the Members of HAMS FOR ACTION are disappointed by the FCC's denial of our appeal of the Commission's earlier denial of our Petition For Rulemaking.
In particular, we note that the Commission has based its denial of our appeal, and of our Petition For Rulemaking itself, on the fundamental assumption that CC&Rs [Covenants, Codes and Restrictions] are voluntary private contracts. At the same time, the Commission has officially declined to solicit or consider the evidence that actions by State and local governments, and/or "lockstep" policies by lending institutions, often operate in practice to leave homebuyers without the choice of living in a neighborhood that is free of unduly burdensome CC&Rs.
This is like Galileo's Inquisitors, refusing to look into his telescope for themselves because they 'knew' in advance that the earth was the center of the universe.
Having said this, we must also thank the Commission for giving us a straight answer, promptly. It is now crystal clear that those who seek HOA antenna reform must look beyond the Federal Communications Commission.
We will have more to say on HFA's Web Site, at www.hamsforaction.net
In The Meantime, HFA sees two remaining alternatives, which are not mutually exclusive, for attaining HOA antenna reform.
(1) Direct, case-by-case reform, through interaction with individual HOAs;
And/or
(2) New reform statutes that are enacted by Congress, and/or by State Legislatures, and/or by voter-petitioned ballot Initiatives in States or localities which allow them.
HAMS FOR ACTION has already taken some "low profile" actions to explore the feasibility of the first possibility.
As for the possibility of legislative action, HFA is now working to determine whether America has enough rank-and-file hams who are willing to provide a "critical mass" of financial and logistical support. We need that "critical mass" of support if we are going to launch one or more effective lobbying campaigns without "running out of steam" partway. So this is our challenge to America's hams.