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ARLB011 Amateur Radio Parity Act Language Inserted in National Defense Authorization Act

Discussion in 'Amateur Radio News' started by N9PBD, May 11, 2018.

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  1. W8LV

    W8LV Ham Member QRZ Page

    Actually, we do.
     
  2. ND1C

    ND1C QRZ Lifetime Member #158 Platinum Subscriber Life Member QRZ Page

    A good reason to not live in an HOA, When we where looking we told the agent up front to not wast any efforts showing us anything in an HOA. Paying a fee to restrict your rights is Not Acceptable.
     
    W8LV likes this.
  3. W1YW

    W1YW Ham Member QRZ Page

    I am all set to sell about 50 pieces of ham gear. I will hold onto a few basic pieces. No reason to hang onto all but essentials. I presume that if this fatal bill passes, it will take 2 court cases to sink in that this is a major disaster. I am going to put some items up soon--before the end of the month. Much of that gear was planned for the KY super station.

    Its possible that the false euphoria of a passing bill will actually blip used gear prices up.

    I expect used gear to tube by Jan 2020- Jan 2021.

    Not likely many new superstations will be built after passing, and we may see the ones that somehow manage to remain will mostly be converted to paid-for-use remotes.

    As CA's will play by the book from a list of 'acceptable' antennas--a single one per station-- I don't see any future in antenna experimentation for Part 97. Essentially the passing of this bill will prevent any antenna experimentation, in most circumstances, because it limits which antennas can be used and limits that number to one--with prior approval.

    Sad, end of era.

    73
    Chip W1YW
     
    Last edited: May 24, 2018
  4. WA7PRC

    WA7PRC Ham Member QRZ Page

    We (collectively) run squat but, it's apparent that you (individually) can't/won't see that because of the rose-colored glasses you're wearing.
    Unfortunately, that may be reality. Having been a ham nearly a half century, I've watched the slow decline of HR from a resource and learning venue, to mostly PnP appliance operators. :(
     
  5. W1YW

    W1YW Ham Member QRZ Page

    Its important to realize that in these future court cases, the interpretation of HR555 will likely be prescriptively strict. Why? Because there was--as on QRZ-- ample public discussion without any effort to fix errors in the wording of the bill before passage.

    In other words, knowledge of errors was not heeded and thus will be taken as acceptance of EACH WORD of HR555 at face value.

    Start with this ONE PHRASE in HR555.

    "AN effective outdoor antenna..."

    AN means ONE.

    ONE.

    Get that?

    O-N-E ANTENNA.

    Requiring pre-approval. From a list recommended to the CA by non-HAMS.
     
    ND6M and WA7PRC like this.
  6. W1YW

    W1YW Ham Member QRZ Page

    Well, not under HR555.

    IF the ham has an approved petition for an outdoor antenna, there will only be ONE antenna.
     
    WA7PRC likes this.
  7. W8LV

    W8LV Ham Member QRZ Page

    The Steak sandwich was plenty thick (from the Green County Farmers stand). Goes well with Yuengling.

    CONGRATS on your award and your contributions to the Radio Art!

    Hang on to your gear.
    Everything is going to be okay.

    73 and All the Best!
    DE W8LV Bill
     
  8. W1YW

    W1YW Ham Member QRZ Page

    Bill,

    I am not getting out of ham radio. I obviously support Part 97. Strongly.

    We disagree on the outcome of all this, but I remind everyone that it is common for friends to disagree:)

    I think selling the non-used (that is, I am not using it)gear is prudent under the circumstances. I can always buy it back--at a lower price IMO. I actively use an IC-7800 and Alpha 91b at moment.

    Thank you very kindly for your well-wishes. DARA did a fantastic job with Hamvention!

    73
    Chip W1YW
     
  9. KK5JY

    KK5JY Ham Member QRZ Page

    As soon as they get their act together and start supporting the entire service.
    As soon as the bugs are fixed.
    If you bought a house without checking out the restrictions first, you got what you asked for. Nobody sneaked anything into your CC&R.
     
  10. W0PV

    W0PV Ham Member QRZ Page

    Seldom expressed, but IMO "super-station envy" as I call it is a driving force behind the ARPA.

    Unfortunately, petty jealousy in Ham Radio seems disproportionately higher versus other equivalent groups.

    An example is the frivolous lawsuit I cited earlier in the thread that arose over the otherwise perfectly legal large antenna installation in MN from from another Ham who owned a nearby commercial interest (golf course).

    Lately a lot of those self-destructive feelings seem to be reflected by or emanate by design from some dominating leadership in the ARRL. And their ARPA just looks like a movement to "level the playing field" for the cause of "the greater good".

    They don't want HR to have the liberty of having a few super-stations, they want 1000's more "peanut whistles". It's obvious they must perceive in that a benefit for the League, and most of its important advertisers. Or, perhaps its just REVENGE.

    What's next from the ARRL? Activists are placated but brushed aside, bylaw changes to indemnify individuals from lawsuits is their immediate focus, so BoD elections will probably continue to be rigged. Change from inside effectively blocked.

    ARPA will pass, another puppet installed as ARRL CEO, more open guys like K3RF will be forced out, N2YBB will be self-deified by his cabal and eventually when K5UR retires ascend to be President.

    At some point pulling the plug on support of the "National Association for Amateur Radio" by renouncing continuous subscriptions or even life memberships becomes the most rational thing to do in order to try to recover and conserve the better qualities of the service in the USA.

    It's the end of the world as we know it. :eek:

    Every OM and YL for themselves ...

    Good luck in the contest.

    73, John, WØPV

    PS - some but not all the above is meant "tongue-in-cheek" :rolleyes:
     
  11. KK5JY

    KK5JY Ham Member QRZ Page

    Normal people will realize that early on.

    The ARRL and its devoted followers will take over three decades, because that's how long PRB-1 has been a failure, and nobody in Newington has been able to admit that yet.

    No matter how bad the fallout from ARPA, it will be hailed as an "unqualified success" for many, many years to come.
     
    ND6M likes this.
  12. KK5JY

    KK5JY Ham Member QRZ Page

    It will be the faces of the League members who voted to support a broken bill, but yes, I am. :)
     
  13. N5PZJ

    N5PZJ Premium Subscriber QRZ Page

  14. W1YW

    W1YW Ham Member QRZ Page

  15. N5PZJ

    N5PZJ Premium Subscriber QRZ Page



    (a) Findings.—Congress finds the following:
    (1) More than 730,000 radio amateurs in the United States are licensed by the Federal Communications Commission in the amateur radio services.

    (2) Amateur radio, at no cost to taxpayers, provides a fertile ground for technical self-training in modern telecommunications, electronics technology, and emergency communications techniques and protocols.

    (3) There is a strong Federal interest in the effective performance of amateur stations established at the residences of licensees. Such stations have been shown to be frequently and increasingly precluded by unreasonable private land use restrictions, including restrictive covenants.

    (4) Federal Communications Commission regulations have for three decades prohibited the application to stations in the amateur service of State and local regulations that preclude or fail to reasonably accommodate amateur service communications, or that do not constitute the minimum practicable regulation to accomplish a legitimate State or local purpose. Commission policy has been and is to require States and localities to permit erection of a station antenna structure at heights and dimensions sufficient to accommodate amateur service communications.

    (5) The Commission has sought guidance and direction from Congress with respect to the application of the Commission’s limited preemption policy regarding amateur service communications to private land use restrictions, including restrictive covenants.

    (6) There are aesthetic and common property considerations that are uniquely applicable to private land use regulations and the community associations obligated to enforce covenants, conditions, and restrictions in deed-restricted communities. These considerations are dissimilar to those applicable to State law and local ordinances regulating the same residential amateur radio facilities.

    (7) In recognition of these considerations, a separate Federal policy than exists at section 97.15(b) of title 47, Code of Federal Regulations, is warranted concerning amateur service communications in deed-restricted communities.

    (8) Community associations should fairly administer private land use regulations in the interest of their communities, while nevertheless permitting the installation and maintenance of effective outdoor amateur radio antennas. There exist antenna designs and installations that can be consistent with the aesthetics and physical characteristics of land and structures in community associations while accommodating communications in the amateur radio services.

    (b) Application of private land use restrictions to amateur stations.—

    (1) 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—

    (A) on its face or as applied, precludes communications in an amateur radio service;

    (B) 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

    (C) does not constitute the minimum practicable restriction on such communications to accomplish the lawful purposes of a community association seeking to enforce such restriction.

    (2) ADDITIONAL REQUIREMENTS.—In amending its rules as required by subsection (a), the Commission shall—
    (A) require any licensee in an amateur radio service to notify and obtain prior approval from a community association concerning installation of an outdoor antenna;

    (B) 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; and

    (C) 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.

    (c) Affirmation of limited preemption of State and local land use regulation.—The Federal Communications Commission may not change section 97.15(b) of title 47, Code of Federal Regulations, which shall remain applicable to State and local land use regulation of amateur service communications.


    (d) Definitions.—In this section:
    (1) The term “community association” means any non-profit mandatory membership organization composed of owners of real estate described in a declaration of covenants or created pursuant to a covenant or other applicable law with respect to which a person, by virtue of the person’s ownership of or interest in a unit or parcel, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, improvement, services, or other expenses related to common elements, other units, or any other real estate other than the unit or parcel described in the declaration.



    (2) The terms “amateur radio services”, “amateur service”, and “amateur station” have the meanings given such terms in section 97.3 of title 47, Code of Federal Regulations.

    Here it is, it is written into the Bill as a Section under Military Support/Recognition.
     
    N4AAB likes this.
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