ARRL Petitions FCC to include Parity Act wording in Part 97

That's all fine as something to argue theoretically about, but the reality is that the FCC has already addressed this in their 2012 study. From the document I quoted a page or two ago:

Sorry, but unless there is a mandate from Congress (ARPA) it is what the FCC thinks that matters.

Given that chance of ARPA passing in the 115th Congress dies in week, if the ARRL petition for rulemaking makes it to the Comment stage anyway without it, you'll have your chance to file a comment convincing the FCC that they are wrong. But if you're going to do that, you're going to need to work up a much better argument, supported by factual data.

 

IMHO: The FCC Study was a "Political Dodge", the Commission didn't want to get in the middle of the CC&R battle without a clear Directive from Congress. After all, they (FCC) already heard lot's of whining about OTARD and its sweeping pre-emption.

As far as the latest ARRL ARPA petition is concerned, it might be a way to get ARPA moving on the Fast Track if, and I say if, HR 555 is some how passed with another piece of legislation.. Just my 2 cents..

Merry Christmas and a Happy New Year to everyone...

73,
Russ

 

Congress directed the FCC to implement OTARD.. I believe the Congressional directive was in the 1996 Telecommunications Reform Act...

 

Deity has nothing to do with the subject.

Thanks for your opinion.
! <-- matching exclamation mark added for equivalent emotional effect.

Only you expect that.

You're not my parent, boss, or military commander -- you have no authority over me.

AGAIN, your "test" is meant only to demean others' intelligence.
! <-- matching exclamation mark added for equivalent emotional effect.

 

Brian,

It's embarrassing seeing you attempt to jump out of a Giant Badger in broad daylight, trying to conquor me with your intellect by complete suprise: As time goes on, I also get the feeling that you would BOTH rat on the neighbor for leaving his garage door up AND monitor the Santa Net from the park to appease the CAI.

Merry Christmas.

73 DE W8LV Bill

 

That's not my name.

To defend against you is not to "conquor" you by complete "suprise".

IYO.

 

Certainly, you can demonstrate a "need" for your particular station, then right?

 

Yes... I think you are correct. It's been so many years ago though that I can't remember for sure. I DO remember though how the Powers that be (especially in Florida) bitched, moaned, and cried to no end how the sky was falling by allowing these dishes. Funny thing is how it has come "full circle" with mamy people quite fed up with a company that rhymes with "wish", and dumping them even for rabbit ears, with one less monthly bill to pay each and every month. It was just all getting too expensive. Local TV by rabbit ears, along with competitors like "Zulu", "Jetflicks" and "Rain Forest Prime" seem to be what's more in vogue today.

73 DE W8LV Bill

 

Russ,

I think It's ALL a Political Dodge... That Pesky Constitution keeps getting in the way of Gladys Cravitz and the CAI. But these things eventually get sorted out by our system. HOAs are going away eventually, when people get sick of them. As is beginning to happen now: Property advertised as HOA and Convenant free is of course much more desirable.

People are also quite less enamoured with living in Florida: There are simply too many other places that offer more in a less financially and regulatory burdoned real estate arena that in addition also offer mild weather and much less hot summers.

I wonder if Florida as a vacation destination will go the way of the so called "Borscht Belt" area of The Catskills someday, when say for example: Cuba is opened (again) for the US Public. Folks just might skip Florida altogether as many Canadians do and travel there instead. Every "Destination Location" has its heyday, I think...

73 DE W8LV Bill

 

I think that you are probably right, that the time is running out. The factual data? It's there: CFR 97.1. It's established . But it comes down to a legal burdon to enforce our rights. And I don't exactly see that happening, at least for now. But eventially It will. I don't think that we can wait for a "prefect law" as Chip seems to imply. It would be best for us to negotiate with the other (CAI) interests. Did anybody really expect massive towers in a condo? I certainly didn't. But the CAI folks must be laughing at their (short term) victory, because it was delivered to them by the Hams themselves: The Lackey ones who stabbed the rest of us in the back. It's amazing how this so often happens. But Fools act outside of their best interests, and get Trumped by others with ulterior control interests, and you SHOULD NOT pardon the pun, instead if you are wise, you should heed it. It happens every day. Now? There will be no reasonable accomodation. The HOAs will simply say "No" whenever they feel like it, as they always have. Idiots cheer this. I'm just really glad that where I live, I can leave my garage door up, have a doghouse and garden in the back, and an antenna, but I do worry as I retire and downsize how that is all going to shake down, if I get stuck in Anti Antenna HOA Nazi Territory. The only thing that I have ever seeked to do is try and help my fellow man to relieve suffering, and try to make this world a better place then it was when I got here.. Isn't that what MOST of us try to do? And so it goes.

73 DE W8LV Bill

 

Oh Puleese!

now go sit around a camp fire and sing.

 

By factual data, I mean that there has to be some tangible information to address the FCC position: "…The Commission also concluded that “there ha[d] not been a sufficient showing that CC&Rs prevent amateur radio operators from pursuing the basis and purpose of the amateur service,” That is what the ARRL requested, congressionally mandated "study" was supposed to do, but it backfired.

You're making the same mistake ARRL did when they requested that study in the first place: they assumed that it was "inherently obvious" and that the "study" would support that assumption. The FCC found the opposite.

Actually, what happened was that ARRL had originally requested that the study be conducted by the DHS, because they had, or thought they had, arranged for a friendly office in the DHS that would give them a favorable report, to counter the FCC position. But Congress gave it to the FCC instead, because that's the agency that regulates amateur radio. Bad miscalculation on ARRL's part and it caused damage to the antenna-restriction preemption cause.

 

Not surprisingly, your response lacks any substantive answers to my questions. Simply reciting the CFR provisions which establish ham radio is nonsense.

I could cite state statutes which establish the authority of HOAs or explain the authority promulgated in CC&Rs to contradict your misguided view of HOAs but giving you an explanation won't make you understand as you clearly either can't or don't want to...

It seems you are all alone here failing to fight a losing battle with lots of inane and flawed arguments to rationalize the hole you find yourself in. If you could manage to find any substantive argument, we might listen but thus far, you are blowing smoke. The reason you can't seem to see the fog is because you're too deep into it.

By the way, Gladys Cravitz is a fictional character.

 

I added an explanation to EVERY subpart of 97.1. Every one was addressed.
All you have there is some whoo ha political banter that took place back and forth between a couple of entities.
CFR 97.1 IS an actual, tangible THING, as is The Constitution: We're talking PLAY BOOKS here.

Thanks for pointing out that Gladys Cravitz is a fictional character... Here all the time ever since I was a kid and saw Bewitched on TV, I thought she was a Real Person, and that Elizabeth Montgomery was an actual Witch! You really are a wise Sleuth! And do work hard on finding those State Statues that you believe supersede the Constitution as a basis for HOAs: You'll be "thinking" as magically as they do. And while you are doing so? I'll let YOU in on a Little Clue, Genius: Just like Gladys Cravitz even though you saw Chip and Dale on TV? Chipmunks don't talk. But Gladys Cravitz Syndrome? That's actually a Thing. So is 97.1.

Enjoy the Boxing Day Feast No Doubt put on today by the proceeds of your HOA Corporate Masters. They will continue to be with you, until they don't need you.

73 DE W8LV Bill