Amateur Radio Parity Act moving forward...

Discussion in 'Ham Radio Discussions' started by KN6SD, May 13, 2018.

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  1. K1VSK

    K1VSK Ham Member QRZ Page

    Obviously, in that (contrived) scenario, a homeowner has a valid defense against liability. If it was an accurate representation,my guess is that you would have a specific reference, location, date, etc...

    It appears we have reverted to making stuff up now.
    W4IOA likes this.
  2. N5PZJ

    N5PZJ Subscriber QRZ Page

    You OMs sound almost as bad as my neighbor, who would come over to my house with the new predictions of terribly e evil things that were ready to happen because we are either elected Obama, Trump or the Russians are going to take us over. He told me we should be ready at any moment, Prep with extra food, gas, oil, diesel, and supplies. We should have banks of batteries with solar power and ham radio should be cranked up at for maximum power For this on coming apocalypse. I just said wait a dog gone minute Morty, The magnetic poles are not ready to flip, cats will not be chasing dogs, the moon will not break up then disintegrate, the UN will not be sending their soldiers to patrol our streets and I haven’t heard Gabriels trumpet blow so we’re safe on that count too! Get another drink, Morty, pour you some stiff Island rum that I bring back from the cruise, Take a deep breath, light up that Cuban cigar which is now legal and exhale.

    Did HOAS Game the system a little bit? Hell, yes, they want to at least keep architectural control over the house and keep some idiot from putting up an antenna farm. And you’re right, there will be a cottage industry to assist the HOAs in setting up their amateur radio accommodation scenario.

    First let’s remember that this bill is not an amendment of the communications act of 1934 as amended, but a directory mandate from Congress to write appropriate regulations To cover the situation.

    Secondly, in the legislative intent of the bill has not been discussed in court because the regulations haven’t been written. This will leave some items open to interpretation while other items such as notice, Architectural control, as thetics, placement and height remain the province of the CA.

    Because of the way the bill was written, Non HOA CCRs Concerning radio amateur antennas will be totally wiped out as to court enforcement, In other words if there is no HOA, then enforcement will be barred since The bill in Section 3(a) paragraph 1 and 2 as follows:

    3. (a) Amendment of FCC rules.—Not later than 120 days after the date of the enactment of this Act, the Federal Communications Commission shall amend section 97.15 of title 47, Code of Federal Regulations, by adding a new paragraph that prohibits the application to amateur stations of any private land use restriction, including a restrictive covenant, that—
    (1) on its face or as applied, precludes communications in an amateur radio service;
    (2) fails to permit a licensee in an amateur radio service to install and maintain an effective outdoor antenna on property under the exclusive use or control of the licensee;


    (b) Additional requirements.—In amending its rules as required by subsection (a), the Commission shall—
    (1) require any licensee in an amateur radio service to notify and obtain prior approval from a community association concerning installation of an outdoor antenna;
    (2) permit a community association to prohibit installation of any antenna or antenna support structure by a licensee in an amateur radio service on common property not under the exclusive use or control of the licensee;


    (3) subject to the standards specified in paragraphs (1) and (2) of subsection (a), permit a community association to establish reasonable written rules concerning height, location, size, and aesthetic impact of, and installation requirements for, outdoor antennas and support structures for the purpose of conducting communications in the amateur radio services.
    (3) does not constitute the minimum practicable restriction on such communications to accomplish the lawful purposes of a community association seeking to enforce such restriction.

    The CAI has just thrown every irregular CA and developments without an HOA Under the bus to protect their precious exemption to regulate amateur radio antennas. Let’s say you have a development which has a set of cc&rs Which state no outside antennas, Then Congress has just affectively wiped those out.

    For us in the land title business in Louisiana, the attorneys, land examiners and notaries publicrecognize this is basically a federal preemption which only leaves CA organizations as the oneswho may regulate the placement and othermatters regarding radio Amateur antennas. Allothers now have been preempted by federal lawand or regulation.
    AF4LY likes this.
  3. AF4LY

    AF4LY Ham Member QRZ Page

    I think I overreacted yesterday. :) I doubt enforcement would be high on their lists.

    True...If an antenna is stealth, then they probably wouldn't know about it anyways. Even still, I doubt your average person would even know a wire between two tree is an antenna. Most people think of TV antennas when they hear the word antenna.

    A, pretty much it would get away from the mindset of 'absolutely not'. IIRC, PRB-1 is written in almost the same language.

    I agree. Lack of resources to enforce. It would be unbelievably silly for the FCC to try and go after Hams who put up Antenna's without prior approval.

    I do think HOA's can be mixed bag. At least some will approve anything as long as you don't get too crazy. (e.g. they may not approve a 100-ft tower, but a G5RV and 30-ft Vertical is fine.) I know my parent's HOA was that way.
  4. AF4LY

    AF4LY Ham Member QRZ Page

    Anyways, it looks like it's going to pass. If it was a stand alone bill I might have different thoughts. But this is just one clause attached to a bill with over 1000 clauses.
  5. KB7QPS

    KB7QPS Ham Member QRZ Page

    From what I can tell, the Senate is proposing their version of NDAA and might pass that in the next week or two. I don't think ARPA is part of the Senate bill.

    After each house passes their respective bills, they'll go to conference to resolve the differences. If ARPA is in one and not the other, it'll have to be either deleted from the House or added to the Senate.

    We'll see what the conference committee does. I am not holding my breath, but we are closer now than ever.
    AF4LY likes this.
  6. K1OIK

    K1OIK Ham Member QRZ Page

    You didn't sign the deed? If so you were forced?
  7. K1OIK

    K1OIK Ham Member QRZ Page

    If I was not a junk collector when I bought the house it is OK to be a junk collector after I buy the house?
  8. N2EY

    N2EY XML Subscriber QRZ Page

    No, I'm not making anything up.

    Look, I understand where you're coming from. For some odd reason, you think antennas are "ugly", and for some reason you don't want anyone to have a better antenna system than you have.

    You had an antenna farm once, now you don't, so, nobody should have anything more than an STL or an attic dipole.

    We get it.
    W2AI likes this.
  9. W2AI

    W2AI QRZ Lifetime Member #240 Platinum Subscriber Life Member QRZ Page

    N5PZJ likes this.
  10. W2AI

    W2AI QRZ Lifetime Member #240 Platinum Subscriber Life Member QRZ Page

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