IMPORTANT FCC Issues Request for Comments on EMERGENCY COMMUNICATIONS BY AMATEUR RADI

I don't know where you live, but there are so many opportunities to purchase private homes without CC&R's that it is overwhelming. I have owned 3 homes at different times in my life and never had any restrictions except property lines. The idea is NOT to go into a Condo or "Development" or sign any document that states so. And BTW, a big thumbs up to you that your association allows flagpoles and the real biggy "Cable TV"! Really progressive of them.

IMHO, people who move into these situations are lazy and want services other home owners must do for themselves like mowing the lawn or trimming the hedges (something I like to do).

This whole thing sounds like buyers remorse.

K2WH

 

The reality is that most urban development in the past 20 years has occurred in planned subdivisions that have some sort of CC&R's and HOA's in place. The HOA's and CC&R's are typically established early during the development, and the majority of the people who move later into the area have no choice but to accept the CC&R's that are already on place.

If you want to find a relatively new home, in a good neighborhood, in a good schools district, with good services and amenities for the family, odds are that most if not all of the house available will have CC&R's.

You can find houses outside of planned developments, without CC&R's, but most of them are old, in subdivisions that lack many of the services that families with children need or want. Finding a house that is not under CC&R's may be an viable option for an old ham, who is retired, does not have children living with him, who has plenty of time on his hands to do his own garden, does not care about high speed internet, and who does not care about modern amenities such as a swimming pool or a gym in his/her neighborhood. But being a ham radio operator should not imply sacrificing basic services or quality of live for other family members who live under the same roof.

Also, many young hams were born while his/her parents were living in communities with CC&R's. Does this mean that a teenage ham who wants to practice his/her hobby should leave his parents' home and go somewhere else? This is clearly discriminatory. Nobody should be prohibited from practicing a legal activity just because he or she was born in a certain place.

S. Bucki
KD8KQH

 

Things are very different in other parts of the US.

In some parts of the country, in order to minimize the burden on local government finances, HOA's are effectively required as a condition for having any significant residential development approved. Want to run a new street or new sewer line into a new subdivision? Fine, but the developer has to build it, and the property owners have to pay to maintain it, typically through an HOA. In parts of the country where most of the real estate on the market (especially properties with yards large enough to host an HF antenna) has been constructed since zoning folks started this tactic, there's a problem.

It's very tempting to say "if you want to have an HF antenna don't buy a house with an HOA", but when that translates to "if you want to have an HF antenna, don't live in [a particular town/county/state]"...well, at some point such a pithy statement becomes impractical, if not foolish.

Besides, given the demographics of currently licensed hams, it's probably worth asking the question: in parts of the country where most people are enslaved to HOAs, where will new hams come from? Not being allowed to at least throw up a dipole in your back yard has got to be a heckuva disincentive when it comes to thinking about upgrading to a general class ticket.

 

Very good points. Please submit them to the FCC. You don't need to write a long letter answering all the questions in the request for comments. A short note addressing this specific point will help.

S. Bucki
KD8KQH

 

It still amounts to choices.. You want the conveniences you listed. Then you must pay the price and sign the contract.. But it seems that you
want to be able to void parts of the contract because of your hobby.. I just dnt thinnk there is justification for that. You can drive a bit further
to the pool or gym or whatever service you "need" and have the luxury of a tower or other antenna, or, you can buy a hourse with those
restrictions .. It's still a choice you make and I see no reason for the feds to step in on behalf of a hobby or hobbiest and void a contract that
both parties enter into knowing full well whats in that contract.. It just doesnt seem right to me..

Lee
NI7I


, QUOTE=KD8KQH;2514352]The reality is that most urban development in the past 20 years has occurred in planned subdivisions that have some sort of CC&R's and HOA's in place. The HOA's and CC&R's are typically established early during the development, and the majority of the people who move later into the area have no choice but to accept the CC&R's that are already on place.

If you want to find a relatively new home, in a good neighborhood, in a good schools district, with good services and amenities for the family, odds are that most if not all of the house available will have CC&R's.

You can find houses outside of planned developments, without CC&R's, but most of them are old, in subdivisions that lack many of the services that families with children need or want. Finding a house that is not under CC&R's may be an viable option for an old ham, who is retired, does not have children living with him, who has plenty of time on his hands to do his own garden, does not care about high speed internet, and who does not care about modern amenities such as a swimming pool or a gym in his/her neighborhood. But being a ham radio operator should not imply sacrificing basic services or quality of live for other family members who live under the same roof.

Also, many young hams were born while living in communities with CC&R's. Does this mean that if a teenage ham wants to practice his/her hobby should leave his parents' home and go somewhere else? This is clearly discriminatory. Nobody should be prohibited from practicing a legal activity just because he or she was born in a certain place.

S. Bucki
KD8KQH[/QUOTE]

 

Already did, although I had thoughts on enough of the other questions posed that I'm afraid that I drifted into the "long letter" category.

So...why should television viewers be given the privilege of voiding such contracts, but not hams?

 

the "because johny does it, I can" argument doesnt wash. In my view, television viewers should not be given the privlidge..

Lee
NI7I

 

I understand your point of view but that's not the law of the land. Federal law, Supreme Court decisions, case law, etc. have made it legal for the government to modify private contracts _if_ there's a wide public interest to do so. This has been true for decades. Hams asking the FCC to step in and extend PRB-1 to void CCR's are not asking for any new rights or anything unprecedented. Hams are basically asking the FCC to use the power they already have.

 

My goodness, you need to get out in the world a little more. Come to NNJ and see what is available. Everything you stated above is absolutely false. Check out where I live, go to the towns website and have a look. Lake front property, no CC&R's and plenty of land available. 1st class schools, 80 square miles, clean water etc. Nothing wrong with an older home. The wife and I are looking for a retirement home in Tennessee and it will most definitely not have any restrictions. Maybe wisdom comes with age. Who knew?

K2WH

 

Personally, I would be happy with the same rules as those for TV Antennas. TV Antennas can not be restricted by HOA/Zoning/or City Regulations up to 12 feet above the roof line, and as long as their are behind the front corners of the house. Those rules are not perfect, but they could at least serve as a 'reasonable' minimum.




BTW, ALL THIS STUFF WAS ALREADY BROUGHT TO THE FCC in 1985 when PRB-1 was discussed, and it was requested that PRB-1 should apply to amateur radio as well.
http://wireless.fcc.gov/services/index.htm?job=prb-1&id=amateur&page=1

Haha...no thanks, I go to bergen county all the time for work, and your MONTHY property taxes are MORE than the mortgage on my 3000 sq.ft home in the midwest.

 

It may not be easy to find a no HOA, no CC&R homes, but it can be done.

First - YES Definitely GO comment on the FCC survey. AR needs this.

Now about finding a home where you can "do AR". As was pointed out before different areas of the country have different challenges (viva la' differance!). We (my XYL and I ) just closed on a "new" house, moving in from the country to a suburb in the Fort Worth-Dallas area. Were HOAs and CCRs a concern? You bet!! But we planned ahead. First, we discussed it and established that friendliness to ham radio was one of the really important criteria for what will in about 10 years be our retirement location. Then we contacted K4NR Tom Branch at Homes for Hams (not affiliated, just really happy with how he helped us). He connnected us with a realtor (Nick Miller) who handles our intended area and who was familiar with ham's needs. I also did a google earth and qrz search and contacted hams in the areas we were interested in, explaining the situation and asking specifically about CCRs etc - got some very good advice.

Once we started actually looking, the requirement of NO HOA and very few CCRs WAS restrictive, but not prohibative. It cut the number of homes in our price/age/type range from about 75 to 12. But they were excellent. All were less than 15 years old and 5 of the twelve that were less than 7 years old. Also - make sure your tell your realtor that you MUST have a copy of the CCRs BEFORE you make an offer. A lot of real estate folks are more than happy to just spring them on you at closing with a "well - everyone has to sign it" sort of story.

Finally we found a town which is very PRO ham - its development board has at least one ham and several nearby active clubs (Azle,Tx). Did it take longer - yes - probably an extra month to six weeks. Was it worth it - ABSOLUTELY. So the fact is that restrictions a) do exist and cause problems and b) you CAN likely find ways around them. However, DONT wait until you have signed on the dotted line. It takes work and focus - but that is just part of ham radio to me. When I am buiding an new antenna or amp I don't just jump in and start cutting or soldering - it takes planning and persistence. Certainly a new home is worth that much effort.

73
Herman - W5HLP

 

What he said is wrong, we do NOT live in a Democracy. We live in a constitutonal republic. However, that said, what about those of us who are told by city governments that we can only put up towers that are 35 feet to the top of the antenna. But we have apartment buildings and businesses higher than that next door. I know who will win in a disageement. Afterall I'm retired and they are paying big bucks in taxes!!!
What is the impact on emergency communications? I will take care of my own let them spend those tax dollars to take care of everyone else. As I have been told "it's just a hobby". 73. Stan...

 

Not my wife! HE double hockey sticks NO!!!

FT-2000's to FT-9000's are expensive as hell! GO RADIO! Married 31 years and she has never said a single word! I buy ANYTHING my heart desires when I want it!! I put up anything for antenna's I want....I drill holes where I want....NOT A WORD!!!!!!!!!!!!

Of course when I built her the 4 homes she wanted...always buy the cars SHE wants....Take her anywhere in the world she wants to vacation...I dont say a word LOL!


I KNOW BETTER! ROFL!


Give a little...take a little!....Maybe your not giving enough??! LOL!

Ernie / W4HLN

 

What about contesting?

 

Over 100,000 hams do not have CC&Rs..thats more than enough to take care of emergencies. CC&R's do not need to be changed for the few who were too lazy to read the CC&R's before they moved in.