Parity Act of 2017 Introduced - HR 555

Some of us made life choices that put us in property that we could use to live in and for our hobby. If you made other choices, those are your choices, but that has nothing to do with the rest of us.

If I recall correctly, in prior posts, you have claimed some substantial credentials in real estate and/or legal matters. I find it very hard to believe that someone with those credentials can't find a house whose land-use restrictions are permissive enough for some outdoor antennas...

 

Let's just be honest for a minute, about what the real problem is with the Parity Act...

In its current form, the ARPA language requires you to seek approval from the local CA. That makes two different approvals you have to obtain prior to digging a footing or pouring concrete. The other approval is the XYL. I don't know if that approval is before or after the CA approval, but I suspect it depends on the OM proposing the antenna project.

In any event, it's hard enough to get the XYL approval in the first place, and adding a CA approval just makes such projects impossible for many hams. After all, what are the chances that both the XYL and the CA are going to be willing to approve the exact same antenna project? After all, she lives in that posh subdivision, too.

 

ARPA QUESTIONNAIRE


1) Is there anyone in this thread who will benefit from the ability to put up an antenna, which is projected to be better than the one you have now, if this legislation passes?

2) If you're currently enjoying ham radio, against the rules of your CA, do you have any apprehension about the mandatory rule(s) regarding notifying the CA and getting permission from the CA about your installation?

3) Do you anticipate a delay in the antenna approval process?

4) If so, what is your estimate of the delay, before you can "legally" use your newly approved antenna?

5) Do you anticipate additional expenses involved with the approval process?

6) Will you follow the proposed FCC rule(s) about notification and approval?

7) Will you ignore the new rules, if ARPA passes, and continue to enjoy your stealth antenna?

 

I think we need to immediately propose an amendment to ARPA that before CA approval, that any XYLs or XXYLs grant approval of the proposed antenna.

 

On a more serious note, I wonder how this order is going to affect ARPA's rule, should it pass:

https://twitter.com/NBCNews/status/826090570388951041

Which two regs is FCC going to give up to make way for the new ARPA rule??

 

I wonder what special interest group represents XYLs, who can propose that language to ARRL?

 

I mentioned this somewhere.

Will our 'populist-deregulatory' President sign a new, unnecessary regulation (per FCC), that affects millions, for the benefit of a few, which usurps private rights?

If Greg Walden, W7EQI is an ARRL member, what message does it convey, that the congressional committee he chairs, suspended rules to pass legislation, which was heavily lobbied by ARRL, which affects his hobby?

And they criticize Bill Nelson....

Do you approve or disapprove of the way Congress is handling its job?

Approve 19% Disapprove 76% No opinion 5%

Gallup Poll: 2017 Jan, 4-8

http://www.gallup.com/poll/1600/Congress-Public.aspx

 

Perhaps that could explain why it is so important to ARRL that they pass this particular bill?

 

I'm not sure if Greg Walden is an ARRL member. That's why I said "if" but I thought I remembered him saying he was... If he's not a member, then I think he's free to pursue legislation that enhances his personal life without allegations of a conflict of interest, or a conflation of interest.

It makes sense that Greg wants it to pass, because it affects his hobby and ARRL asked him for help, but it doesn't 'smell good' to me, because he's pretty close to this legislation. I like everything Greg stands for, other than this, which seems to be very counterintuitive for a conservative. I always believed conservatives were in favor of smaller government, private rights, and fewer regulations, so this sponsorship really doesn't make sense to me, from a political perspective. On January 31, 2007, he sold Columbia Gorge Broadcasting, which runs five stations in the eastern Columbia River Gorge, to Bicoastal Columbia River LLC in order to avoid any conflict of interest that might arise with his congressional duties.

ARRL LETTER​

ARRL Presents Barry Goldwater, K7UGA, Achievement Award to Rep Greg Walden, W7EQI:
The ARRL Board of Directors created the Barry Goldwater, K7UGA, Achievement Award last spring to recognize outstanding support of Amateur Radio by an elected federal official. The recipient must be an official who has, in a significant way, supported the well-being and continuity of the Amateur Service in the US. Earlier this month, the Board voted to confer the first such award upon US Rep Greg Walden, W7EQI, (OR-2), "in recognition of many years of exceptional contributions to the strength and vitality of the Amateur Radio Service in the United States."

ARRL President Kay Craigie, N3KN; Hudson Division Director Mike Lisenco, N2YBB, and General Counsel Chris Imlay, W3KD, presented the award to Walden in Washington on September 18. In a letter accompanying the award plaque, President Craigie wrote, "Your understanding of the importance of Amateur Radio to the public interest and to the pursuit of scientific and technical knowledge has led you to act in the spirit of Sen Goldwater, whose exemplary support for Amateur Radio in Washington caused the ARRL Board to name this award in his honor."

President Craigie called Walden "a great friend to Amateur Radio over the last 12 years with regard to key issues including spectrum protection." Walden chairs the House Subcommittee on Communications and Technology, the panel to which "The Amateur Radio Parity Act of 2014" (H.R. 4969) was referred for consideration.

In 2002 Walden was an original co-sponsor of H.R. 4720, the Amateur Radio Emergency Communications Consistency Act, and sent a "Dear Colleague" letter seeking additional cosponsors. In 2003 he was a co-sponsor of H.R. 713, the Amateur Radio Spectrum Protection Act. During a hearing on the bill at which then-ARRL President Jim Haynie, W5JBP, testified, Walden called for a halt to the "astonishing" erosion of Amateur Radio spectrum.

In 2004, Walden wrote the FCC chairman seeking to have the Commission defer action on the BPL rulemaking until the release of an NTIA study and an opportunity for public comment. That same year, during a hearing on telecom convergence, Walden grilled a BPL industry representative about interference.

In 2010 Walden co-sponsored H.R. 2160, the Amateur Radio Emergency Communications Enhancement Act. In May 2011, the ARRL was invited to testify before Walden's subcommittee on "Creating an Interoperable Public Safety Network," offering an opportunity to defend 420-440 MHz against reallocation.

As President Craigie handed the award plaque to Rep Walden, she added, "Senator Goldwater was a statesman for Amateur Radio, and so are you."

 

That's a common perspective, and I won't disagree, but I have a slightly different personal perspective. The labels of "liberal" and "conservative", much like the labels of (D) and (R), seem to be rather meaningless for the purpose of predicting policy positions. They are more like team labels, like "Denver Broncos" or "Dallas Cowboys." The label gives you an idea what other individuals that individual might tend to partner with when team-level issues arise, such as seeking votes for a random bill or nominating political appointees. But one thing that seems to be missing over the last, oh, 30y or so, is any consistency in bedrock issues within any given label.

Again, not an argument, but more of a random thought.

 

Agreed. Other random thoughts follow:

Lobbying per IRS

"In general, no organization may qualify for section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation (commonly known as lobbying). A 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status.

Legislation includes action by Congress, any state legislature, any local council, or similar governing body, with respect to acts, bills, resolutions, or similar items (such as legislative confirmation of appointive office), or by the public in referendum, ballot initiative, constitutional amendment, or similar procedure. It does not include actions by executive, judicial, or administrative bodies.

An organization will be regarded as attempting to influence legislation if it contacts, or urges the public to contact, members or employees of a legislative body for the purpose of proposing, supporting, or opposing legislation, or if the organization advocates the adoption or rejection of legislation.

Organizations may, however, involve themselves in issues of public policy without the activity being considered as lobbying. For example, organizations may conduct educational meetings, prepare and distribute educational materials, or otherwise consider public policy issues in an educational manner without jeopardizing their tax-exempt status."

==

Ad Hoc Committee on Grassroots Lobbying From the ARRL Board Meeting of January 2004

"On motion of Dr. Weaver, seconded by Mr. Frenaye, it was unanimously VOTED that the President is directed to appoint immediately an Ad Hoc committee to develop plans and procedures for an effective grassroots lobbying campaign involving ARRL Directors, Vice Directors, Section Managers, and ARRL members. The program shall be presented in draft form to the Executive Committee at its next regularly scheduled meeting, with the aim of commencing the program in time to benefit the ARRL's legislative agenda during the current congressional session. The Ad Hoc committee will include at least three Directors and/or Vice Directors, two Section Managers and such other ex-officio advisors as the President shall deem necessary, including the ARRL's Government Relations firm and the General Counsel... Politics has raised its head. In an ideal world that would not be so. We find now that we must engage in the political/legislative as a pragmatic solution to protect our spectrum from pollution and grabs by business interests."


Contribute to ARRL through Your IRA

American Radio Relay League Inc. is an IRS-designated 501(c)(3) organization.

"Time is running short to contribute to ARRL from your Individual Retirement Account (IRA). The federal government has now made permanent the ability for those age 70-1/2 or older to contribute up to $100,000 per year from an IRA directly to qualifying charities without having first to declare the donation as income. This means you can, for example, donate your annual required minimum distribution (RMD) to ARRL without increasing your income for tax purposes. Depending on your personal tax situation, donating directly from your IRA to ARRL could have more tax advantages for you than a direct personal donation. Most custodians need a week or two to complete the transaction, so contact your IRA custodian as soon as possible!

Here’s how it works: Contact the custodian of your IRA plan and instruct the custodian to make a donation from your IRA directly to ARRL. Provide the plan custodian with ARRL’s federal tax ID number 06-6000004 and legal name and address — American Radio Relay League Inc., 225 Main St., Newington, CT 06111-1494.

It is important that the check from the custodian is made payable directly to ARRL. ARRL appreciates contributions of any size from your IRA. The custodian of your IRA then will send you an IRS Form 1099 showing that you, as the owner of the IRA, did not receive the plan distribution for your personal use. Most fund custodians will ask you to complete a direct donation form and will mail the plan distribution check directly to ARRL.

For more information, contact the ARRL Development Office, (860) 594-0348. The Development Office is happy to help.

ARRL strongly encourages individuals interested in supporting the League through an IRA distribution to consult with their attorney, tax/financial advisor, or accountant to determine the tax, or other, consequences of making such a gift.

American Radio Relay League Inc. is an IRS-designated 501(c)(3) organization."

IRS: Measuring Lobbying: Substantial Part Test

"Whether an organization’s attempts to influence legislation, i.e., lobbying, constitute a substantial part of its overall activities is determined on the basis of all the pertinent facts and circumstances in each case. The IRS considers a variety of factors, including the time devoted (by both compensated and volunteer workers) and the expenditures devoted by the organization to the activity, when determining whether the lobbying activity is substantial.

Under the substantial part test, an organization that conducts excessive lobbying in any taxable year may lose its tax-exempt status, resulting in all of its income being subject to tax. In addition, section 501(c)(3) organizations that lose their tax-exempt status due to excessive lobbying, other than churches and private foundations, are subject to an excise tax equal to five percent of their lobbying expenditures for the year in which they cease to qualify for exemption.

Further, a tax equal to five percent of the lobbying expenditures for the year may be imposed against organization managers, jointly and severally, who agree to the making of such expenditures knowing that the expenditures would likely result in the loss of tax-exempt status."

 

I have a tower, Wifoid Unit only allows Manlift, no climbing!!

 

I guess that means you are lobbying for ARPA for reasons other than personal need?

 

Yes, I am a Civil Law Notary in Louisiana with the right to draft and draw any and all instruments of writing meaning I have concurrent powers like a lawyer to draft deeds and practice real estate!

I deal with HOAs in my area and see the silliness, I have set a up the Non Profits, done the Articles of Incorporations, Subdivision Plats, and Restrictions on land. I set through 2 HOA meetings a month and listen to the drivel!!

I have crafted restrictions which are Amateur Friendly and keep the problem children at bay. The situations that are leading to ARPA are real and HOAs really can be beneficial or they can be a PITA!

 

Not one person in this 54 page thread believes ARPA will allow him to put up a better antenna than he enjoys today?