We lost a co-sponsor on ARPA

Discussion in 'Ham Radio Discussions' started by KU0O, Dec 22, 2015.

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  1. W5WN

    W5WN Platinum Subscriber Platinum Subscriber QRZ Page

    Isn't it ironic that Larry, KE0KZ had an antenna in his HOA community and it's the city that intervened in his operation? I presume that his HOA either didn't have a prohibition against antennas or that he received an accommodation from the HOA board. Then, an alderwoman, who happens to be the president of his HOA argues in favor of the city regulation that effectively bans Amateur Radio without paying a $150.00 fee for a special use permit and submitting expensive engineering studies for even the most minimal of an installation.

    So, if you can't ban the antennas and Amateur Radio operators through the HOA, I guess the next step is to get a city ordinance passed to do the job for you. There goes the argument about government getting involved in private CC&R contracts. How hypocritical of anyone that would think the city ordinance to regulate not only Amateur Radio antennas, but equipment and its' operation is ok and then object to the federal government intervention to prevent that from happening because it tramples on private contracts. I also wonder if the authors and promoters of the original enactment of that city ordinance provided a "currently-valid reason(s)" for now or in the future for "stepping on legal private contracts"?

    Watch out for a similar ordinance coming to a city near you!
     
    Last edited: Feb 3, 2016
  2. W5WN

    W5WN Platinum Subscriber Platinum Subscriber QRZ Page

    Steve, be careful not to "cherry pick" off of the internet. You know, they are very isolated incidents that don't affect that many people. Oh wait, the ordinance described affected an entire city! That couldn't be very many people, could it? ;)
     
  3. WB2WIK

    WB2WIK Platinum Subscriber Platinum Subscriber QRZ Page

    Well, in this case the proposed legislation would be for the whole state.

    Many who are against federal government interference are less against the state doing that, since all powers not specifically delegated to Congress are those of the states themselves. So, maybe 50 ARPAs will replace one.

    Whatever works.:p
     
    W5WN likes this.
  4. W5WN

    W5WN Platinum Subscriber Platinum Subscriber QRZ Page

    Oh, I get it now. The hypocrisy factor is greatly diminished if the state rather than the federal government interferes with private land use contracts! :)
     
  5. WB2WIK

    WB2WIK Platinum Subscriber Platinum Subscriber QRZ Page

    The states have interfered a lot.

    The "solar" allowances are by state (including clotheslines), as are the "green lawn" variances and lots of others. They supersede CC&Rs and HOA by-laws. Lots of examples of this.

    I think the states need to interfere more.:)
     
    W5WN likes this.
  6. WB2KSP

    WB2KSP Ham Member QRZ Page

    Some people are still fighting the civil war. News travels slowly. I guess they don't know which side won. And amateur radio privileges are assigned and controlled by the federal government, not states or cities. This sounds like a good place to bring up PRB-1. I'd threaten a law suit if they tried something like that
     
    Last edited: Feb 3, 2016
  7. WB2WIK

    WB2WIK Platinum Subscriber Platinum Subscriber QRZ Page

    Remember many municipalities don't engage the services of a professional, degreed City Planner and just evolve in what I'd consider to be a disorganized manner. HOA boards are usually unpaid volunteers with no background in property management nor education and experience in such matters. You get what you pay for.

    They wing it and hope it all works out; if not, the next elected board can give it a shot.
     
  8. WB2KSP

    WB2KSP Ham Member QRZ Page

    What was the quote, Ignorance of the law is no excuse. They may have to find out the hard way. This would be a good one for the league to get involved with, so that others don't get any bright ideas. What was described sounds more like a shakedown than a tax and the feds don't charge for an amateur license but some local thinks they can. HOA's are one thing but when a town tries to charge for the use of a federally controlled area,that raises suspicion.
     
    N5PZJ likes this.
  9. KU0O

    KU0O Ham Member QRZ Page

    City ordinances are screwed up no matter where you go. I'm in the process of assisting our city update their telecommunications regulation. The consultant for the city who is an "expert" in telecommunications law was telling me it was OK for the city to regulate RF interference, when it is clearly the domain of the FCC. I pointed this out and his response was it was better to beg for forgiveness from the FCC if they ever decided to turn off a cell providers antennas. Local governments pass laws based on faulty legal advice all the time.
     
    N5PZJ likes this.
  10. KU0O

    KU0O Ham Member QRZ Page

    This was the best thing I watched all week. KE0KZ should be commended for his efforts. It was very enlightening on how the Clean Water Act was often the impetus behind modern CC&Rs and HOAs. For those who did not watch the entire video it comes down to the fact that retention ponds needed to be maintained after the developer is finished with his project. Since the developer does not want to have to deal with this problem forever they created CC&Rs to be enforced by the HOAs they setup. A convenient out for the developer. Unfortunately, as in most things in life they took the path of least resistance and often just used cookie cutter covenants. The feds caused this mess, now they need to fix it.
     
    WB2KSP and N5PZJ like this.

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