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Parity ACT HR1301 Dies in Senate

Discussion in 'Amateur Radio News' started by W1YW, Dec 10, 2016.

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  1. K3XR

    K3XR Ham Member QRZ Page

    Your link provides great historical insight into this 20 year quest to have the FCC and more recently Congress intervene in what amounts to a private contract dispute would continued attempts render a different outcome, maybe but kinda doubt it.

    Raises the question where does the ARRL draw the line in expending time and resources on an issue which only applies to some and not all of the membership.
     
  2. K4JDH

    K4JDH Ham Member QRZ Page

    Seems fair. One deed = one vote. Why should a married couple have more voting power than a single homeowner?Why should a non-deed holder, renter, be allowed to vote?
     
    K8AI likes this.
  3. KK5JY

    KK5JY Ham Member QRZ Page

    I'm also curious how many CC&R/HOA neighborhoods actually ban antennas? I have looked at dozens of houses, most of them in HOA neighborhoods, and I only saw one that had antenna restrictions, and I looked carefully at covenants in each neighborhood. ARRL and others rightly point out how much of the new housing built in the US is subject to land use restrictions, but that doesn't capture what percentage has antenna restrictions. It would be difficult to measure, because the only way to know is to read each covenant filed with the local court. But my experience has been that covenants in this part of the country (Central Oklahoma) don't tend to include antenna restrictions. In fact, I have heard other hams in OK complain far more about tower zoning problems than CC&R issues. How funny, given that PRB-1 is now something like 30 years old.

    Oklahoma, like many states, has provisions in state law stating that any activity specifically enacted by legislation is exempt from litigation as a nuisance. So at least here, hams are safe from being chased by their neighbors under vague "anything that constitutes a nuisance" language. Further, Pirtle v. Wade settled that issue specifically way back in the 1970's.

    I would be curious to hear from those who have shopped for housing in the last 10y or so. Do the CC&Rs encountered include explicit antenna restrictions? If so, what percentage?
     
  4. W2JF

    W2JF Ham Member QRZ Page

    Since when is the word "reasonable" objectively defined beyond question? In fact, the term has historically been the subject of interminable debate, both in the courts, and in Congress. It is a deliberate verbal slop bucket, more often designed to encourage multiplicity of interpretation than to eliminate it. The "CAI-approved" wording of HR1301 was an emasculated abdication of intent, and a rather disingenuous attempt to shove problematic legislation down our throats. Assuming an HOA refuses to make a "reasonable" (whatever that is) accommodation, hams then have "...an opportunity to take [the HOA] to court..." Uh-huh...represented by your local friendly attorney, and of course, all pro bono, right? HOAs typically either formally retain counsel, or at the very least have an ongoing relationship with a local law firm. Hams have no such resource, and each would have to ante up for a defense against every challenge, or mount some kind of class action (good luck with that). Unfortunately, the co-existence of effective amateur antennas and perceived neighborhood aesthetics is likely to remain an adversarial one; any defensive legislation must be sufficiently rigorous in its wording to withstand repeated challenges over the long term.
     
  5. KB1PA

    KB1PA XML Subscriber QRZ Page

    why doesn't that apply to National, State, County and local elections? Why should Military members who don't own property in the US be allowed to vote in US elections?

    This is not England, we don't have a Land Owners Class and Serfs to work the land and owners property.
     
  6. KB1PA

    KB1PA XML Subscriber QRZ Page

    I think it is geographic. In Southeast Florida, there is almost no build-able land left in Miami-Dade and Broward Counties. There is still land North of there, but it is being gobbled up fast. Almost 99% of new construction is in what will be gated communities that have very severe CC&R's. Many are in 55 and older only communities. Very few places for a young family to live (Thats why we are called "g-ds waiting room").
     
  7. N1FM

    N1FM Ham Member QRZ Page

    More HOA dwellers with antennas = more subscriptions, ad revenue and donations to ARRL.

    That's the purpose of a lobby. Follow the $$.
     
    K8AI likes this.
  8. NN4RH

    NN4RH Premium Subscriber QRZ Page

    We don't ?
     
    K8AI likes this.
  9. K4JDH

    K4JDH Ham Member QRZ Page

    Apples - Beans
     
    K3XR likes this.
  10. K4KPT

    K4KPT Ham Member QRZ Page

    I saw some hams comment that Trump was going to reform the FCC and some people even suggested under Trump, the FCC would intervene to save amateur radio from continuing encroachment by antenna restrictions.

    Restrictions are not an issue for me personally, because I have a variance for mine. But this isn’t about me or you, or your stubborn, unrelenting, Libertarian feelings; rather it is about the future of amateur radio. As things continue the way they are and as people migrate to newer built housing in antenna restricted properties, there will be fewer people on HF.

    People tend to get interested in radio in their formative years. Well if a kid can't put up an antenna ...

    We never had worries about stuff like that when I was a kid so I am not sure where all the freedom loving, anti-government hams are coming from. They wouldn't be on the air today if they had then, the antenna restrictions we have now! They wouldn't have been able to put up a CB antenna, which by the way, started all of this. Licensed radio services and their activities are interstate commerce and in the purvey of the federal government, not local developers.

    Let’s look at a more restrictive covenant on page 53 of 84 that most people would not notice at closing:

    8.10.2 Prohibited Antenna. In no event shall any antenna, "dish" or other device be
    used for transmitting electronic signals of any kind except as to fixed wireless signal transmission as above provided. Antenna and similar devices of any type used for citizen band ("CB") radio, amateur ("HAM") radio, AM/FM radio, or Digital Audio Radio Service ("DARS"), are prohibited and shall not be erected, placed or permitted to remain on any Lot, on any improvement located on. any Lot, or elsewhere in the Subdivision. Without limitation as to the authority of the Board to grant variances, the Board is specifically authorized to (but shall not in any event be required to) grant variances as to prohibited antenna, and the Board may condition granting of any such variance upon placement of the applicable antenna in the attic of a residence.

    Wow, that is pretty draconian by any measure.

    I say once again, CCR’s have been preempted by our state government here in Texas for:
    Use Restrictions. The Texas laws contain broader allowances for religious door displays, solar panels, roofing, flags and flagpoles and rainwater harvesting barrels. Developers and HOAs must be more flexible in developing design guidelines in these areas and approving builders’ and homeowners’ plans involving these items. Effective dates vary; no later than January 1, 2012.

    Most recently here in Texas, backup generator sets may be placed on home sites even if CCRs forbid it.
    Other states have done the same for outdoor clothes lines, water free landscaping, etc.
    The bottom line is: one size does not fit all and HOAs need to be more flexible.
     
    KU0O, AF5J and WB2KSP like this.
  11. KK5JY

    KK5JY Ham Member QRZ Page

    K5FAB makes an excellent point.

    State governments are free to preempt CC&Rs within their state lines. Depending on the state, this may also be true for some of the very large cities, too. State preemption has the added benefit that it doesn't have to pass federal powers tests, and the state law can be written in such a way that is more agreeable to people in that state. So Florida may feel different about antenna preemption than Texas, for example. The states can individually interfere in contract law to their hearts' content, and as K5FAB has pointed out, they already do so for various reasons, and quite successfully. Some states may require more legislative intervention than others, because of the kinds of land contracts that are typical in each case, and the contract law operating in that state.

    This is in stark contrast to RFI law, which the US Congress long ago preempted and made entirely federal. That is, the states no longer have the option to interfere with RFI law. RFI issues are solely the jurisdiction of the FCC, under US federal law.

    This means that ARRL would be far better off pursuing RFI issues, which require interaction with FCC, than they would chasing CC&R, which can (and arguably should) be done at the individual state levels, as needed. I see no need (yet) for CC&R intervention in Oklahoma, whereas the folks from Florida seem to have far worse stories to tell. The 4-land hams can fix Florida, and I'll wait to ask my state legislators for help when and if it becomes needed. ARRL, being a national entity, can then spend their time and money (which is actually our time and money) chasing issues that are federal in nature, such as RFI, licensing, allocation improvements and protections, etc. By trying to force themselves into CC&R, ARRL is investing all their effort in exactly the wrong issue.

    ARRL could certainly participate in individual state issues, and they would make a great technical and legal reference. But a national "Parity Act" is not a proper flagship issue for them.
     
    KC2UGV likes this.
  12. N5PZJ

    N5PZJ Premium Subscriber QRZ Page

    The difference between having the Federal Government Fix things and State Government Fix things is that the State Government will invariably intrude upon a Federal Matter such as Radio, RF, RFI or Permits and then when the matter is litigated, the State Government is then told, that the matter is Ultra Vires, or beyond your powers to regulate.

    Federal Regulatory Matters such as Radio Frequency and Antennas have been shown by the Courts to be a Federal Matter and the States lack the expertise and standing to deal with the matter, PRB-1 was the FCC telling Local governments to adopt reasonable accommodation, but CCRs were exempted at that time but Court Dicta (Court Decisions) have modified this and defined it, and now court decisions in other areas have declared HOAs as quasi Official Governments and therefore it could remove their argument against being Exempted from the PRB -1 due to the Private Clause. Beware of Unintended Consequences.
     
    KU0O and KB1PA like this.
  13. W9JEF

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

    From Sen. Bill Nelson's bio:
    Was Sen. Nelson a licensed amateur radio op back then?
    Or is it just the ISS astronauts who are also hams?
     
    Last edited: Dec 16, 2016
  14. W0PV

    W0PV Ham Member QRZ Page

    I think at the time of Nelsons shuttle flight in '86 there had only been two previous USA licensed amateur radio astronauts; W5LFL and W0ORE. It wasn't until the '90's that becoming a ham became SOP for most of the crews. That first program was called SAREX and now has been superseded by ARISS.

    https://en.wikipedia.org/wiki/Shuttle_Amateur_Radio_Experiment
     
  15. KU0O

    KU0O XML Subscriber QRZ Page

    The FCC was looking for guidance from congress on the overriding private land use contracts. They didn't say they needed a law passed, they said they need guidance from Congress. This bill passed the house with 126 co-sponsors. One senator in the Senate prevented it from the bill getting a vote. I believe this qualifies as guidance. I would urge the FCC to act on their own to change regulations to allow amateur's to install antennas and support structures on property they own.
     
    K6FNI likes this.

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