Amateur Radio Parity Act moving forward...

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

Thread Status:
Not open for further replies.
ad: L-HROutlet
ad: l-rl
ad: MessiPaoloni-1
ad: L-MFJ
ad: l-BCInc
ad: Left-3
ad: Left-2
ad: l-assoc
ad: Subscribe
  1. WD0BCT

    WD0BCT Premium Subscriber QRZ Page

    N5PZJ likes this.
  2. NN4RH

    NN4RH Premium Subscriber QRZ Page

    It requires all amateurs in Community Associations to get prior approval of a Community Association, and does not make any distinction of whether or not there are any preexisting requirement.

    It also allows a Community Association to establish rules restricting antennas; without making any distinction of whether or not such restrictions already exist.

    Sure, of course we would prefer that it only apply to CAs that already have restrictions; but that is not what it actually says.
     
  3. KC8VWM

    KC8VWM Moderator Volunteer Moderator QRZ Page

    Legal opinions are not the final determining factor of ARPA and they never will be.

    What determines law in our country is not professional legal opinions, but rather it's done through actual votes and decisions made by representatives in congress and other lawmakers.
     
  4. NN4RH

    NN4RH Premium Subscriber QRZ Page

    Remember that CAI, not ARRL, wrote this version of ARPA. That's why all the chips fall on the CAs side. They are in control. If they want to impose new restrictions, they can.
     
    K6CLS likes this.
  5. WZ7U

    WZ7U Subscriber QRZ Page

    Last edited: May 13, 2018
  6. KK5JY

    KK5JY Ham Member QRZ Page

    Do tell. If you are a practicing attorney, who is a professional in multi-state property and private contract law, then you are also welcome to refute the points raised by K1VR. Otherwise...
     
  7. KK5JY

    KK5JY Ham Member QRZ Page

    Um, no. They get decided by courts, and by administrative commissions and administrative law judges. Even laws and rules are meaningless until they are interpreted in a legal battle in one of those venues.
     
    WA8FOZ likes this.
  8. KK5JY

    KK5JY Ham Member QRZ Page

    And they will -- similar language has already been tested in court, and actually used to force hams to remove their HF antennas. "Reasonable accommodation" has been successfully established in court to mean any teeny tiny antenna that the regulating authority wants it to mean.
     
  9. KC8VWM

    KC8VWM Moderator Volunteer Moderator QRZ Page

    Yes it absolutely does...

    APRA applies to parts 3a (1) (2) or (3) situation in ALL HOA's with any such existing private land use restriction, or restrictive covenant.

    So to answer your question, ARPA solely applies, and ONLY applies to any one of these specific distinctions as underlined below.

    (Application = Applies To)

    ------------------------------------------------------------------------------------------------------------------------

    3. Application of private land use restrictions to amateur stations

    (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; or

    (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.

    ----------------------------------------------------------------------------------------------------------------------------

    Therefore it only applies to any EXISTING HOA restrictions that are already in place. (That is IF they should exist.)

    If no restrictions exist, no where does ARPA make it a REQUIREMENT for all HOA's to have antenna restrictions.
     
    WA8FOZ likes this.
  10. KK5JY

    KK5JY Ham Member QRZ Page

    ...in your (non-professional) opinion, which, to be fair, is refuted by real professionals. :(
     
Thread Status:
Not open for further replies.

Share This Page

ad: n2yo