Amateur Radio Parity Act of 2017 Quietly Killed Off

It is not within the FCC's power to decide there is or isn't a need for an amateur radio antenna to be installed at a specific location. They were looking for direction from the US congress. Antenna zoning is beyond their power.

 

But it is within their power to decide whether they think there is a problem, and to decide not to address a problem that doesn't exist. And that's exactly what they did.

No, they weren't. They rendered their judgment that they didn't think there was a problem for amateurs and CC&R. They explained (repeatedly) to A**L that if hams didn't like the CC&R of their property, they should move, or not select such properties in the first place. You obviously don't like that, but that's what they explained to the League. The League protested so many times, that the FCC finally explained to them that if they wanted a different outcome, they would have to have a directive from Congress to change their minds, because they were confident in their original position.

Your explanation makes it sound like FCC was actively seeing input from Congress, which they were not. They simply explained to the League, who wouldn't take "no" for an answer, that they were not interested in CC&R at all, unless directed to be interested in it by the Congress.

 

Quite correct. One need look no further than the discretionary language contained in the preamble to PRB-1 to understand that the Commission has both the discretionary and regulatory authority to promulgate rules or regulations covering HOA limitations should they feel it necessary. The Commission has repeatedly stated in writing it finds no such necessity or reason.

Stating, as someone did, that "it is not within the power of the FCC to decide..." is erroneous.

 

This from the FCC website ......
"Whenever Congress enacts a law affecting telecommunications, the FCC starts a proceeding to create the rules and policies required by the new law. The commission also may start a proceeding when an outside party files a petition seeking a new law or change in existing rules."
https://www.fcc.gov/proceedings-actions

Question would then be why even pursue the HOA antenna issue with Congress why not go directly to the FCC ?

 

I think you answered your own question when you cited the Commission's web site wherein it states " the Commission may also start a proceeding when an outside party files a petition...".
In fact, the League did go directly to the Commission repeatedly and repeatedly, the Commission wrote that such rules were, in their opinion, unnecessary. With minor exceptions, we see here that the thousands of HOA resident hams aren't seeking relief which must objectively be viewed as a testament, to which the Commission referred, to the lack of necessity for relief.

To use a cliche, it seems like the League proposed a solution in search of a problem.

 

To the best of my knowledge the FCC asked the congress to get involved and give them direction . Also, as far as the previous statement that the commission felt that hams shouldn't move to HOA controlled neighborhoods if they want to continue operating could you send a link to the public document stating this? I have never hearr of such a comment stated officially by the FCC. All such official statements should be publicly made available via the FCC site.

 

Have no idea what you're talking about if you are attributing that statement to me apparently you confuse me with another poster.

 

could you send a link to the public document stating this?

 

Then your knowledge is flawed. You need to do some reading, preferably on FCC's website where the official record can be found.

Start here: https://www.fcc.gov/wireless/bureau...teur-radio-service/prb-1-2000-reconsideration

That one document seems to capture the entirety of their position on the idea of CC&R, PRB-1, and ARRL's continued insistence that PRB-1 be extended to CC&R. It even discusses the difference between OTARD and ham radio CC&R challenges, and why there is no analog between them.

The earlier ruling, found here: https://www.fcc.gov/wireless/bureau-divisions/mobility-division/amateur-radio-service/prb-1-2001

...contains FCC's actual quote on Congressional intervention in CC&R for hams, and it is very different than what you have asserted.

Educate yourself, my friend. If nothing else, it's a skill that will help you find houses where you can put up an antenna.

 

We are therefore reluctant to pre-empt private parties' freedom of contract unless it is shown that private agreements will seriously disrupt the federal regulatory scheme or unless there is another strong countervailing reason to do so, a showing that has not been made here. However, should Congress see fit to enact a statutory directive mandating the expansion of our reasonable accommodation policy, the Commission would expeditiously act to fulfill its obligation thereunder.​

 

If that represents a factual statement from the FCC it's rather clear that they have (had) no intention of acting on the issue under any present legislation available to them but should the Congress decide to enact specific legislation having to do with the HOA/antenna issue the FCC would develop the necessary regulatory vehicles to put it in play.

 

That's a direct quote from FCC proceeding. Should have put that in my post, sorry.

 

It was also in the link I quoted earlier. I guess nobody reads FCC quotes anymore.

 

September 29th is Bill Nelson's 76th Birthday.

S. 1534 only requires an application. My community rules don't even allow me to ask for an antenna but all kinds of other things like basketball hoops and leaving garbage cans outside are allowed.

 

And did you know this when you bought the property ? I would like to see this pass also but when looking for a house years ago when they first started the HOA crap I bought in a neighborhood that had towers and antennas. Just saying.
Dave N8DC