* New Group Lists "Antenna Allies" In Congress

I have promised participants in this discussion thread to provide my response to points about the legal status of PRIVATE contracts, including the FEDERAL GOVERNMENT'S authority to override such contracts -- when and if it chooses to do so.


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Well, there is ANOTHER discussion thread about HOA antenna reform going on at www.eham.net, in response to an article I posted over there.

I am grateful to www.qrz.com for being the FIRST Web Site to post an article by me on this subject, but I did a double
posting because I wanted to reach as many hams as I could -- as quickly as I could.


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ANYWAY ...

Questions and statements about contracts popped up even more frequently in THAT discussion thread than they did here. So I ended up discussing contracts and Federal authority, at some length, on the other Web Site.

Because my posting over there is rather detailed -- what else is new?? -- I really do not want to duplicate it here.

SO ...

If you want to hear what I have to say about private contracts, and the Commerce Clause of the United States Constitution, I ask you to hop over to the discussion thread on www.eham.net

Then hurry back here to see what new comments we have in the QRZ discussion thread!!

Thank you in advance for accepting this inconvenience.


FYI --

The EHAM article, like the QRZ article, is entitled "New Group Lists 'Antenna Allies' In Congress".

The specific posting about contracts, in the discussion thread, is entitled "About PRIVATE Contracts and FEDERAL Authority ... "


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I want to add a special note to Dennis KG4RUL:

You must have REALLY wanted a speedy answer to the question you asked here on QRZ -- because you repeated the same question over on EHAM.

I answered your question over there, in the posting I have referenced. However, I will also provide a short answer here -- for the benefit of those QRZ participants who saw your question here and do not want to "jump through the Stargate" to QRZ.


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YOUR QUESTION WAS:

Of the 3 out of 5 founders of HFA (including me) who are personally subject to total bans on outdoor ham antennas, how many earned their ham licenses BEFORE they moved into their present residences?

THE ANSWER IS:

At least 2 of those 3 hams (including me), and probably all 3 of us.

One of the hams lives in a suburb where a County STATUTE has required -- BY LAW -- that all housing developments built in roughly the last 30 years must be governed by HOAs (almost all of which ban all outdoor ham antennas). If this ham had moved farther out, to another County, his 60-minute commute (each way) would have jumped to at least a 90-minute commute.

Another of the 3 hams lives in a region where commercial lenders, throughout the entire metropolitan area, refuse to lend money for any owner-occupied housing developments that do not impose an HOA on the residents.

How much practical ability to avoid HOA antenna bans did either of these hams REALLY have?

Do we really want to have to tell prospective hams, living in metropolitan areas infested by HOAs, that they may have to accept a 90-minute commute if they want to get On Air?

Do we really want to tell prospective STUDENT hams that they may have to ask their PARENTS to accept 90-minute commutes so that their child can get On Air?

Come on!!

Asking people to accept sacrifices such as these -- when a fairly simple change in Federal law could solve the problem -- just isn't fair.

It isn't practical, either, if we want the Amateur Radio Service to remain the force for good that it is today.


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As for me, after almost 2 years in graduate school, I am in the Thesis stage of completing my second advanced degree. (My other advanced degree is a law degree.)

As you might expect of a graduate student, I am also a tenant, subject to the virtually universal landlord practice of banning even window antennas. I rent because I am looking for full-time professional work in January -- and I do not know whether the best job will be in Colorado -- and I rent because I do not have the money to buy a house right now.

I expect I will own some kind of home again in a few years, after I have re-established myself in the professional workplace.

In The Meantime, however:

Should I be denied the option of ham transmissions at home -- just because I cannot afford to buy a house right now?

Should my country, and my NEIGHBORS, be denied the EmComm protection I could provide -- just because I cannot afford to buy a house right now?

And what about the many, many modern Americans who will NEVER be able to afford a home of their own?

Should they be denied a place in ham radio for life?

Should the larger society, as well as their immediate neighborhoods, be denied the contributions these Americans might be able to make if they were able to operate as hams?

DO WE WANT TO CONTINUE "WRITING OFF" HAM RADIO EMCOMM CAPABILITIES FOR ALL OF MANHATTAN??


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WELL ...

As a friend of mine likes to say:

"That's My Opinion, and it's very true."


73,




Don Schellhardt KI4PMG
pioneerpath@hotmail.com
HAMS FOR ACTION URL: www.hamsforaction.net
2617 East Uintah Street
#D
Colorado Springs, Colorado 80909

 

In light of certain feedback I have received, I need to clarify something:


HAMS FOR ACTION is NOT asking hams to vote for "Antenna Allies" -- just because these Congressional legislators have supported HOA antenna reform legislation in the past.


HAMS FOR ACTION is only asking hams to CONSIDER a Congressional legislator's degree of past support for HOA antenna reform as ONE factor in deciding how to vote.


As HFA said in its press release on this subject:

"These are not endorsements. These are acknowledgements."


HFA just wants these Congressional legislators to know that we have noticed they have helped us -- and that we have told YOU they have helped us.


That's it. That's all.

We have extended a sincere and public "Thank You" to Congressional legislators who have earned the recognition.

If you are a constituent of one of these Congressional legislators, we ask you to take note of their help for hams as ONE factor when you cast your vote tomorrow.


73,



Don SchellhardtKI4PMG

 

bill numbers. when legislation is introduced it gets a number, and that number is useful for corresponding with legislators, chasing down the details of the legislation on thomas.loc.gov, ...

 

Glad to oblige,n6hcm.

I didn't list the bill numbers because HFA was tracking sponsorship and co-sponsiorship patterns for 4 bills over a 6-year period: that is, over 3 Sessions of Congress. So we were following 4 bills (3 House, 1 Senate) x 3 Sessions, or 12 bills in all.

Listing all of those 12 bills seemed a little cumbersome to me.


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Anyway, here are the bill numbers for THIS Session ofCongress (the 109th Congress):


HOA Antenna Reform Bill (House) -- H.R. 3876, introduced by Representatives Israel, D-NY, and Mike Ross, D-AR

BPL Reconsideration Resolution (House) -- H. Res. 230, introduced by Representative Ross

Spectrum Protection Act (House) -- H.R. 691, introduced by Representative Michael Bilirakis, R-FL

Spectrum Protection Act (Senate) -- S. 1236, introduced by Senator Michael Crapo, R-ID, accompanied by Senators Daniel Akaka, D-HI [who is seeking re-election this year] ... Conrad Burns, R-MT [who is also seeking re-election this year] ... Christopher Bond, R-MO ... and Max Baucus, D-MT


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If you want the 8 earlier bill numbers, let me know -- and I will post those here as well.


73,



Don Schellhardt KI4PMG

 

current bill numbers are what matters ...

 

I know its not easy for everyone... But if you can afford a home with a HOA you can afford to find a home maybe a little farther way that has no restrictions...
I know people that are not HAMs that live in these subdivisions and HATE it... I ask them... Then why did you move here? They say things like.. I did not think to realize what it meant. I did not think at the time it was a bad thing. I did not think... is the common denominator...

When I moved in to my present home.. I asked the realator if there were any restrictions to the property.. The answer I got was.. I do not think so.. I told her if she wanted me to buy the proerty she needed to find out...  I also did my own diggiung and found there were no HOA at all, No CC&R and no local ordinaces against antennas.. or anything related to Ham Radio.

Then I made my purchase.. And glad I was able to THINK..

You signed the contract live with it or do not sign it.

73 Jerry

 

The last two homes I bought, and the one I built before that, all had NO restrictions.  

The house I built was in a major metro area that had some 'zoning' issues.  But turned out they were non-issues.  A neighbor friend wanted to put up a tower and expected a ton of grief.  He got armed for bear with info and forms and went to get a zoning override to go 65 feet.  No sweat.  When we dug the tower base and the inspector came out, the INSPECTOR pointed out some minor changes, and said that if we did it that way, the structure would be 'inspected' for up to 150 feet!  (He eventually went 110.)  As we rushed to do the changes before the concrete was delivered that day, the inspector climbed down in the hole and helped.  We ran our club repeater from his house!

Anyway, in all three of my cases, I asked the builder and/or the realtor about antenna restrictions, and in my two purchases, I put an antenna statement in the offer and P&S.  

When I was looking, yes, I did find homes with covenants and restrictions.  But I found MORE problems with things like RVs and boats parked in view and above ground pools than I did with antennas.  

I hear the 'I can't build my antenna farm' BS around here too, but it's just that, BS.  If it was important when you buy, then it's important.  But almost EVERY time I hear that it's after the fact, and more than occasionally I find out they 'didn't care' when they bought the property, or even that they thought they'd only want a small rooftop antenna and never thought they'd want a tower so they sluffed it off but THEY KNEW.

Hey, if it's important, do you homework.

Yes, there ARE people who 'become' HAMs and then find out they can't do much.  Those people I really do have some sympathy for.   Zoning games?  Yeah, that can be corrupt as well, and sometimes it's just little people trying to show how much power they can master.

But when it comes to covenants and restrictions, that's just too bad.  If you buy into a contract, you make a deal.  Honor it.

One thing I'd like to add... If you're upset about covenents and restrictions, work to change them. Don't complain about them and try to 'break' them after the fact. If EVERYONE that was a HAM always put into their offers and P&S agreements 'No antenna restrictions', the realtors might get the hint. Loose a few big sales... Yeah... Most people just don't think it matters. And it's NOT going to matter until there's noise about it that needs quieting down.

 

I became a Ham after I moved to my CC&R governed home. However, I feel that a contract is a contract so, I am stuck with flagpole, vent pipe antenna and other means to pursue my hobby. "Hobby" being the operative word.

As far as wanting a "speedy answer" to my question, the topic was posted on two sites so, the question was asked on two sites.

Referring to your statement:

"Do we really want to tell prospective STUDENT hams that they may have to ask their PARENTS to accept 90-minute commutes so that their child can get On Air?"

Let's rephrase this question:

Do we really want to tell prospective garage band musicians that they may have to ask their PARENTS to accept 90-minute commutes so that their child can can play Heavy Metal at 2:00 AM?

Basically replace the appropriate words with any other "hobby" activity that effects other people.

Though we may want to think otherwise, we are not unique in wanting an exception for what we do.

Dennis KG4RUL

 

Dennis,


I do not regard ham radio as primarily a "hobby".


73



Don KI4PMG

 

Hello Don,

Quote. "I do not regard ham radio as primarily a "hobby".

With all due respect, and I truly respect your efforts and your intentions, I feel certain that 99 percent of all other hams do regard ham radio as primarily a "hobby". That may even be generous. With roughly three quarters of a million hams licensed in the U.S alone, the one percent means that at any given time there should be about 7 THOUSAND 5 HUNDRED hams who regard ham radio as more than a hobby. That means I should be able to easily find a QSO somewhere. To put it in perspective, that's 150 hams for every state in the union, inlcuding Alaska and Hawaii that "should" be active. Listen around sometime other than a contest weekend (contest = hobby) and see how many signals you hear.

I realize there may be many stations on local VHF/UHF/Echolink swapping "drive time" stories, but certainly many of them are also simply enjoying their "hobby."

Please don't take this wrong Don, I do applaud your efforts to be proactive and actually DO something for the betterment of ham radio. However, I must somewhat agree with a previous post about living with a contract you have signed. THINK before you buy and if you cannot live with the terms of the contract, don't buy that particular peice of property.

Ham radio is not the only thing affected by HOAs, CCRs, et al. Many people strongly favor such "rules" so that a neighbor cannot park "X" number of broken down cars on their lawn, paint their house purple, etc. If it affects one little area of their own personal interest, they are, apparently, willing to accept the trade-off for percieved benefit(s).

It appears that more and more people are willing to accept such rules for reasons known only to them. Some are willing to accept, "no cars parked outside", "garage door cannot remain open for more than 30 minutes", "if you paint your house, you must get HOA approval for the color" and on and on ad nauseam. Land of the free? Home of the brave? Hmmmmmmm !

Again Don, and I cannot emphasize this enough, I am NOT trying to throw cold water on HFA. I am merely trying to add some perspective to the topic. Believe me, if HFA is successful in clearing the way for some reasonable rules for antennas, over and above HOAs, CCRs, et al, I will be the first one on the cheerleading team!

Thanks for your efforts Don!

73,
de Larry

 

Over the last few years, Hams and the ARRL have been getting congressional support for a variety of issues, from spectrum protection to Covenents and Restrictions.

These people and organizations are apparently real good at getting congressmen and senators to sign on to support these issues but why is it that I never see anything ever introduced in the US House or Senate that would act on the issue they are supporting?

I think last year the ARRL had over 100 congressmen signed up to support covenant reform and nothing was done. Now they are starting all over again.

What purpose does it do to get a long list of supporters for a issue and then never getting it acted on. What are they waiting for?

This is like getting thousands of signatures on a ballot proposal then not filing the paperwork to get it actually on the ballot.

Makes no sense to me and this proposal is nothing more than...more of the same.

 

Hello again!!

As a result of the elections, changes are being made in the List of past "Antenna Allies" who are returning to Washington, in January, for the 110th Session of Congress.


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Representatives who ponsored or co-sponsored the Israel/Ross HOA Antenna Reform bill [H.R. 3976 in this Session of Congress] during all 3 of the last 3 Sessions of Congress:

REPRESENTATIVE ROB SIMMONS, R-CT, has a race that is too close to call. We'll have to wait and see.


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Representatives who sponsored or co-sponsored the HOA Antenna Reform bill during 2 of the last 3 Sessions of Congress:

REPRESENTATIVE J.D. HAYWORTH, R-AZ, was not re-elected.


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Representatives who sponsored or co-sponsored the HOA Antenna Reform bill only once:

REPRESENTATIVE SHERROD BROWN, D-OH, is not returning to the House because he has been elected to the Senate.

REPRESENTATIVE BARBARA CUBIN, R-WY, has a race that is too close to call.

REPRESENTATIVE JEB BRADLEY, R-NH, was not re-elected.

REPRESENTATIVE CHARLES TAYLOR, R-NC, was not re-elected.


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I am attempting to download a complete, updated List of "Antenna Allies". If I am not successful in this endeavor, check www.hamsforaction.net in a few days -- since it will be posted there -- or request a copy by E-Mailing me at pioneerpath@hotmail.com

The updated List simply incorporates the information I have provided for you above.

73,



Don Schellhardt KI4PMG

 

For the second time in this discussion thread, I have not been
able to download a document successfully.

Oh, well ... You know what to do.


Yours,



Don Schellhardt KI4PMG

 

WI8W asks:

"What purpose does it do to get a long list of supporters for a issue and then never getting it acted on".

Why....it allows arrl to ask you for more money in the name of "spectrum defense" every year!  
Why fix a problem and end the revenue stream?
Why kill the goose that lays the golden egg?

Serriously though. In all fairness to arrl, its not that they "won't" get a bill passed, its that they are impotent and "can't" get the bill up and passed, because they are ineffective.

 

Hey Jonathan,

Did you notice all the Republicans who weren't re-elected?