FCC DENIAL LEAVES LEAGUE EYEING CONGRESSIONAL ACTION ON DEED RESTRICTI

From the ARRL...



The ARRL got the proverbial lump of coal in its stocking in late December,
but it wasn't from Santa. The FCC affirmed a November 2000 staff-level
decision that declined to include privately imposed deed covenants,
conditions and restrictions--CC&Rs--under the limited federal preemption
known as PRB-1. That policy requires municipalities to "reasonably
accommodate" amateur communication in antenna-related zoning and regulation.



The ARRL a year ago appealed to have the full FCC review the earlier denial.
The Commission turned down the League's Application for Review December 18
in a Memorandum Opinion and Order released December 26.



"There has not been a sufficient showing that CC&Rs prevent Amateur Radio
operators from pursuing the basis and purpose of the Amateur Service," the
FCC said. The Commission said hams still can get on the air without
installing residential antenna systems by operating away from home, while
mobile or at club stations.



The FCC said it recognizes the importance of preserving the integrity of
contractual relations that CC&Rs represent. It asserted that the ARRL had
submitted no specific evidence that would persuade it to abandon its
long-standing policy of excluding CC&Rs from PRB-1.



ARRL President Jim Haynie, W5JBP, expressed disappointment in the
Commission's ruling. "The biggest problem Amateur Radio operators face today
is being able to put up an antenna," Haynie said. "Our only approach now is
to get a bill into Congress."



The FCC itself even hinted that Congressional action ought to be a next
logical step. "However, should Congress see fit to enact a statutory
directive mandating the expansion of our reasonable accommodation policy,"
the FCC declared in its MO&O, "the Commission would expeditiously act to
fulfill its obligation thereunder."



Haynie conceded that extending PRB-1 protection to CC&Rs would be "a tough
sell" to members of Congress. He noted, however, that it's getting more
difficult all the time for amateurs to find desirable housing that does not
come with deed covenants and restrictions. "It's extremely serious for the
amateur community, because it restricts what hams will be able to do in the
future," he said.



The topic is likely to be the focus of additional discussion at this month's
meeting of the ARRL Board of Directors.



In its Application for Review in late 2000, the ARRL maintained that the FCC
should have the same interest in the effective performance of an Amateur
Radio station and in the promotion of amateur communications regardless of
whether the licensee's property is publicly regulated or privately governed
by homeowners' associations and their architectural control committees.



A copy of the FCC's Memorandum Opinion & Order in RM-8763 is available on
the FCC Web site.

 

Isn't there a provision for people putting up standard TV antennas or sat dishes that disallows CC&R's to prohibit them?

If so, that same argument could apply, consumers can watch tv in a bar or somewhere else! It's a case of majority rules I suppose.

It's too bad it's an all or nothing deal. If they did allow antennas, that would mean small things, up to huge towers. I can see neighbors not wanting huge towers, but where do you draw the line?

So I'm curious how a law could be worded to address this.

Me, I hate CC&R's, I have one, but almost everyone in the area is breaking something in it anyway, and to me that's the best weapon right now... mutual circumvention!

rick

 

I never did understand the thought processes of hams who VOLUNTARILY purchase real estate subject to CC&R's and then seek to avoid compliance with the contract they agreed to. If you want lots of room to put up an antenna, buy a couple of acres or more of real estate. But if you don't, then quit whining! Bill Crowel, N6AYJ

 

You're right, but in some areas there's fewer and fewer unrestricted lots. I was surprised to find that when I bought my house, even crappy areas had them!

 

Not only that, consider the case of an average Joe who buys into his CC&R lot, then two or three years later is introduced to amateur radio, gets bit hard and decides he wants to put up a 2M ground plane or something similarly innocuous . . . but can't because of restrictions he had to sign into before he was even aware Amateur Radio existed. It's not like droves of hams are saying "Yeah, I like this house, it's got a CC&R but I'm going to buy it and find a way to put up a 3-el 75M Yagi anyway."

73, Creede

 

For one I do understand the comments about why in the heck does a ham knowinly buy land in a ccr area and then try to beat it. DUH I would have to say thats pretty lame. ON the other hand there arent allot of none ccr areas. In nevada we did pass a bill that stops any new subdivisions on preventing antennas and gives hams the right to do so. Now we arent talking 200 foot towers but they have to work with us. So thats all in good. But the FCC is playing games here. I am all for the ARRL to go to the congress. The fcc is a joke. Sure they are the first to step on toes and change the code. But they wouldnt dare mess with the rich community boards across the country!

 

Basically when "Honey, I want it..." is whispered into his ear, the guy stops reading & blindly signs it!


This all comes down to good communications with the attourney representing you. If you do not make it known to him, don't ASSume he will point out antenna restrictions in CC&R's. This goes for rentals, condos & any land or home contracts!


Funnier yet is when they move into these restricted areas, having to strap an antenna to the ceiling, they then want those of us with real antennas to stand by! Sorry, "you made your bed (maybe), sleep in it Honey"!


Stop the whining already or else they will have to rename ham radio to whine radio. Free cheese available at hamfests!

 

OK, this is going to be an unpopular opinion, but I will share it anyway.



I am an attorney, and I am also a Ham. I live in an EXTREMELY restricted subdivision – in fact, I am not allowed antennas of any kind. While I was not a Ham when I moved into this neighborhood, I read the restrictions and understood them. I have no one to blame but myself.



I have no desire for the ARRL, Congress, or anyone else to circumvent my Deed restrictions. It is disturbing when government tries to insert itself into the agreements between private individuals. Hey, it’s basic Contract Law. I agreed to the restrictions, I should live with them. I gave my word.



Creativity is key to living with CCRs. I have a plethora of antennas in my large attic. I have ground planes, dipoles, and even a rotatable 6m yagi. I get heard; I enjoy the hobby, and I don’t anger those I live around.



As an aside, however, my wife and I are looking at vacation property. Rest assured, there will be no restrictions at that house. Stacked beams, anyone?!



Peter Baskind, J.D., LL.M. AG4KI

 

You're allowed tv or small dishes though, that they can't take away.

Maybe you would sign the agreement if like me you saw everyone breaking it anyway. In my mind, nobody could fault me for breaking it unless they stopped too!

I've signed other agreements I've thought were too restrictive because they probably would be made moot as well. I'm a software developers, and the vast majority of my non competes would be non enforcable, so I sign them!

Rick

 

Here is what happened to me. I was looking for a home east of pittsburgh pa. My wife and I (both hams) wanted a NEW home where we could live and enjoy our radio hobbie. We looked for a YEAR and in that time we only found ONE new home that wasn't in a plan. We bid *OVER* the asking price for the house, but lost out to a HIGER bid! After that we had a choice either a new home or ham radio. We got lucky and found a house that wasn't new but was recently completely remodeled by a local builder.

So don't give that BULL that you have a choice, you don't if you want a new home you have NO CHOICE but to "agree" to CC&R's. and I wouldn't even call it agree. Is it an agreement when you are told take it or leave it?

I am not the only one. I know another ham in my area who looked for 9 months before giving up and buying an older home.

N3WJL

 

What about the individual who has an interest to become an amateur, yet bought a home in a restricted neghborhood long before the awareness of ham radio. Is that person prohibited from pursuing his/her interest in becoming a ham (and getting on the air effectively with real yet modest antennas), because of the restrictions. Should they have to do something as radical as moving to enjoy amateur radio. Obviously the FCC thinks so.

These restrictions are thwarting the growth of amateur radio. I am a stealth operator in such a neighborhood, but I can't share the hobby with neighbors or my son's friend when they visit for fear of ruining my cover.

The FCC is a joke. The big money trail goes to the satellite TV companies and the dish exemptions that are provided. CC&Rs are circumvented for them, and ham radio is stonewalled.

Please write your Congressmen!!!!!!

 

CC&Rs do limit the possibilities of the Ham Operator. I live in a neighborhood under CC&Rs and they have restricted my use of Ham Radio to where HF is out of the question. As CC&Rs become more common place, Ham Radio will be seriously hampered. It is very difficult to find a place to live where CC&Rs are not inplace. I am very disappointed with the FCCs decision not to include CC&Rs in the PRB-1. I hope the ARRL will be able to get the support of Congress to handle this issue. Some thing needs to be done about it.

73s

KB7LTH

 

Here's another possibility: If you find a house you like and the contract includes a CC&R, offer to buy the house if the CC&R is removed or modified to reasonably accommodate amateur radio (e.g. a small 2m groundplane, a single sloper from an existing tree in the back yard, etc). Better yet, have your lawyer do this for you to make sure it's done right and maintains the spirit of the agreement.



This sort of thing happens all the time, for instance, in book contracts. If an author doesn't like a particular clause in a contract, s/he or their agent will ask that it be changed or removed, or a new clause can be added.



The downside to that is that the seller can refuse the modification and you won't get the house, but if you're looking for something that's free of CC&Rs there really isn't any downside, since you wouldn't be buying that house anyway.



Disclaimer: I am not a lawyer, nor do I play one on TV. I haven't tried this. Ask an attorney if I have any idea what I'm talking about. You could probably both use a good laugh.



73, Creede

 

While the FCC has protected (binding in nature) the satellite TV & cellular industry from zoning restrictions & CC&R's, it will NEVER happen with regard to Amateur Radio. In a country of over ~275 million people, amateur radio only has ~700,000 licensees. They will not want to encroach on the majority "good" to benefit a group representing less than 0.0025% of the entire population & absolutely no revenue potential to the government. The only potential is for endless litigation from groups seeking to "protect" private property owners from "unsightly installations & unresolvable interference" issues. We should be thankful for getting PRB-1 (non-binding) from the FCC.


I will predict that the ARRL will fall flat on its' face trying to get Congress' attention as they will see it as a non-issue. Especially when the ARRL only represents ~20% of licensed amateurs or 0.0005% of the total population. Talk about Special Interests? They won't have the contributions necessary no matter how much they raise their dues.

 

You don't get it! I asked at EVERY house I liked and was told the same thing that the contract is NOT negitogable. It is take it or leave it. It's not really a contract because you can't change it. As the buyer you don't have ANY leverage. If I don't buy the house the next guy will. For example I offered OVER the asking price for a house and still lost it.

THERE IS NOTHING YOU CAN DO TO CHANGE A CONTRACT WHEN YOU BUY A HOUSE.

as an aside the ugliest CC&R prohibited radio transmitters. I guess this means: door openers, cell phones, baby monitors etc.

N3WJL