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ARRL Reaches Agreement with Community Associations Institute on Parity Act

Discussion in 'Amateur Radio News' started by N0RC, Jun 2, 2016.

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  1. N1FM

    N1FM Ham Member QRZ Page

    CAI highlights the following as key "successes" in their compromise. Your opinion may vary.

    Prohibits community associations from a blanket prohibition of installation of amateur radio exterior antennas.

    Preserves a community association's authority to adopt and enforce reasonable written rules concerning the installation, placement, and aesthetic impact of external amateur service station (radio) antennas.

    Requires notification and prior approval of antenna installations; and prohibits installation of antennas on common property.

    Directs the Federal Communications Commission (FCC) to craft a separate preemption policy from the current Commission preemption policy applicable to State and local governments. This separate preemption is a key distinction to the rights and responsibilities of community associations and association residents.

    The compromise was reached out of necessity as H.R. 1301 was gaining momentum with 126 co-sponsors in the House of Representatives supporting the legislation under the guise that the bill is necessary to ensure critical amateur radio communications during a local disaster.

    While the compromise has been reached to protect community association's ability to enforce reasonable rules and require prior approval, the legislation has not yet passed the U.S. House of Representatives or the U.S. Senate.

    In order for the bill to become law, the following must happen:

    The bill must pass the U.S. House of Representatives Energy & Commerce Committee.

    It is expected the bill will be heard in this Committee in June 2016.

    The bill must pass the U.S. House of Representatives as a whole. (Date TBD).

    The bill must pass the U.S. Senate as a whole. (Date TBD).

    The bill must be signed by President Obama. (Date TBD).

    https://www.caionline.org/Advocacy/...Amateur-Radio-And-Community-Associations.aspx
     
  2. W1YW

    W1YW Ham Member QRZ Page

    Any idea why we don't see any response from the ARRL? Maybe I missed it....
     
  3. KB5NJD

    KB5NJD Ham Member QRZ Page

    I'm not trying to be funny here but is the answer shame? If you look at ARRL.org right now, parity used to be plastered all over the home page. I don't see anything today and havent for a few weeks. A search trying to find the name and call sign of Leschenko guy originally involved (N2 somebody) has turned up nothing. Its like the site has been scrubbed. I had to google to find a parity page that is not linked to any of the regulatory pages. Seems like there might have been something under the "Federal" tab.

    I concede that I have likely missed something in my search but it is odd.

    I was actually looking for names and call signs as points of contact in an attempt to make sense of what appears to be madness.

    73,

    John KB5NJD / WG2XIQ..

    EDIT: Another check shows there is a scrolling tile on the home page that mentions Parity
     
    Last edited: Jun 3, 2016
  4. W1YW

    W1YW Ham Member QRZ Page

    IMO the CAI and ARRL agreed on a mutual wording and 'release' date---and the CAI broke the date.

    However, I am not speculating this based on knowledge. Jes' sayin...
     
    N5PZJ likes this.
  5. W1YW

    W1YW Ham Member QRZ Page

    I confess that I did NOT sign up for the parity act this time, at Dayton. My reason is obvious--how have the earlier versions failed? What was learned? What has changed that would allow passage this time?

    I didnt get answers to those questions.

    I have no idea that this modified bill will pass. Who does?
     
  6. W9JEF

    W9JEF QRZ Lifetime Member #571 Platinum Subscriber Life Member QRZ Page

    The solution is obvious:
    Design your antenna such, that it will also function as a firearm.
    It will be protected by our rights under The Second Amendment. :cool:

    BTW, by the mere mentioning of Godwins Law, does one
    not reasonably and effectively comply with its provisions?
     
  7. KU0O

    KU0O XML Subscriber QRZ Page

    This deal is awesome because it wipes out the covenants and forces HOAs to adopt new rules. The amended HR 1309 permits HOAs to establish rules however the HOA still needs to use existing covenants in creation of rules in order to do that. This requires anywhere from 51% to 75% membership to agree to them, the same threshold that made HOAs such a pain for hams to deal with if we wanted to change the rules or covenants. So if no rules exist when you apply to put up your antenna, their is nothing to allow them to deny your request, request granted. If the HOA oversteps its legal authority you will be on the right side of the law if you want to take it to court. The court may order the HOA to create rules within a set period of time, but they still would have to follow the rules of the covenants in order to do so. Good luck getting 51% to 75% of any group to agree to anything.

    If this passes we are in a much better place.
     
  8. KB5NJD

    KB5NJD Ham Member QRZ Page

    The problem is that, at least with my HOA, the board has requested and received proxies to act on member's behalf. They hold a majority and do whatever they want. People can't be bothered today so they will go along with whatever.. At least that's the case here.
     
  9. WA7PRC

    WA7PRC Ham Member QRZ Page

    Emphasis added. I could be wrong but, that bill doesn't seem to have anything to do with ham radio nor HOAs: http://www.congress.gov/bill/114th-congress/house-bill/1309
     
  10. K3LRH

    K3LRH Ham Member QRZ Page

    1301
     
  11. W1YW

    W1YW Ham Member QRZ Page

  12. W1YW

    W1YW Ham Member QRZ Page

  13. KU0O

    KU0O XML Subscriber QRZ Page

    My bad....brain and fingers had communication issues! Should be 1301!
     
    N5PZJ likes this.
  14. W0PV

    W0PV Ham Member QRZ Page

    Chip, there was a post on the ARRL.com News page a few days ago, with a positive tone but without the details that the CAI release contained.

    http://www.arrl.org/news/arrl-reaches-agreement-with-community-associations-institute-on-parity-act

    The gloss over reads as,

    "ARRL, working with CAI and Congressional staff, agreed on an amended bill that would allow every amateur living in a deed-restricted community the ability to install an effective outdoor antenna."

    It would be interesting to see how that broad definition is interpreted back to the membership.

    Furthermore,

    "We are pleased with the agreement with CAI over new proposed language in the legislation, and thank CAI and the Congressional staffers who helped make this happen,” ARRL Hudson Division Director and Legislative Affairs Committee Chairman Mike Lisenco, N2YBB, said. Lisenco stressed that, while the agreement with CAI is significant, there is still much work to be done."

    73 de John - WØPV
     
  15. N0NZG

    N0NZG Ham Member QRZ Page

    This kind of nonsense is why I gave up being an ARRL member years ago. I could live with QST being 55% gloss print adds and the lackluster editorial decisions, but for an organization that claims to represent and advocate for hams in this country "we" get the short end of the stick. I wish hams could get the same kind of aggressive legislative avocation that groups like the gun lobby, big oil, both sides of the abortion debate, GM, and other special interest groups get.
    As of late the ARRL knows one trick , roll over and play dead. History has shown that groups, races, religions and other bodies that seek advancement through appeasement always have a weak negotiating position to start with and they usually end up bargaining away more than they gain under the illusion of advancement.
     

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