Parity Act of 2017 Introduced - HR 555

I think, since there's no actual NEED or REQUIREMENT, you must've meant personal WANT.

 

All this time wasted, thinking I was actually discussing legislation with those who 'need' it to get on the air.

Well, how about the emcomm guys? Surely some of them 'need' antennas at home ...and a generator?

 

Maybe the more interesting question is "why are so many people without CC&R lobbying so vehemently for this bill?"

I also find it interesting that those same people are willing to overlook the bill's bugs...

 

If the bill is passed (as presently written), it is a fair assumption that a POTUS veto will be requested.

The bill needs to be rewritten if it ever is intended to represent the radio amateur community of the US.

Getting rid of the 'additional requirements' is the easiest way to do it.

 

Agreed and thinking along the same lines in another QRZ thread.

The nature of regulatory capture.

Executive order may blow ARPA out of the water again.

 

or, with the stroke of a pen, The prez could order the FCC to alter its current rules to prevent HOAs from prohibiting Amateur Radio Antennas anything is possible.

 

Nope. FCC is an independent agency. Whenever Congress enacts a law affecting telecommunications, the FCC starts a proceeding to create the rules and policies required by the new law. Learn more about the rulemaking process and rulemakings in general.

https://www.fcc.gov/general/fcc-rulemaking

Also, an Executive Order issued on January, 30, 2017: "Regulatory Cap for Fiscal Year 2017," states: "(a) Unless prohibited by law, whenever an executive department or agency (agency) publicly proposes for notice and comment or otherwise promulgates a new regulation, it shall identify at least two existing regulations to be repealed."

https://www.whitehouse.gov/the-pres...ive-order-reducing-regulation-and-controlling

Also: The Takings Clause, the last clause of the Fifth Amendment, limits the power of eminent domain by requiring that "just compensation" be paid if private property is "taken" for public use - such as the facilitation of emcomm. One exception that restrains the federal government is that the property must be used in exercise of a government's enumerated powers - which do not include facilitating amateur communications - unless they want to designate hams as an organized militia - which would take an act of congress. Such a taking might also violate due process rights under the Fourteenth amendment, or other applicable law. H.R.555 could create litigation of the constitutional variety, only able to be heard in the Supreme Court.

http://constitution.findlaw.com/amendment5.html

Not to mention: Donald Trump will naturally want to protect real estate developers... cuz he is one!

“Our president is a very knowledgeable real estate and construction person, and he understands the world of real estate better than any politician, ever,” Katz told TRD. “He will create jobs that are positive for us and positive for the industry and create an enhanced opportunity for foreign investors to consider South Florida as a viable investment.”

https://therealdeal.com/miami/2016/11/09/miami-real-estate-players-welcome-trump-presidency/

 

the prez is also very experienced in fighting unwanted zoning restrictions, so he might be sympathetic.

 

Regardless of how ARPA goes, I am very curious to see what the author of the "two-for-one" regulatory rule replacement order does when he is asked to sign a bill that orders FCC to write a new rule. I don't know which way that will go, but it will be fun to watch.

 

DUPLICATE

 

A presidential declaration declaring "The Communications Infrastructure under Title 47 of the Federal Code as part of the Nation Defense System as Public Policy. Public Policy is a theory whereas it is almost inviolate to rule against in a Court of Law. Example, it is against Public Policy to do many things such as hold slaves, multiple spouses, charging usury, impede the military, impede police, Sale of Children, Sales of Succession before death, and so forth. It is an interesting concept, a little intimidating.

 

For regulations mandated by Law, this Executive Order does not countermand, the Agency must enforce the order of Congress,

 

For a limited time, we're offering two for the price of one. Just pay an additional handling charge. Don't delay... call NOW! Operators are standing by!!!!!

 

I don't dispute that, but that is only true after the bill has been signed, or a veto overridden by Congress. Until then, it's just a piece of paper.

So hot on the heels of his two-for-one order, they put a bill in front of him that acts contrary to the spirit of his two-for-one order. Even better, given the language you quoted, he could take that as an attempt to bypass his two-for-one order.

Just sayin' ... it could get interesting.

 

This guy had it down, back in 2010 no less!

CC&Rs, HOAs, and Amateur Radio
BY TOM BRANCH (K4NR)
Real Estate Agent with RE/MAX Dallas Suburbs TX Broker #0513551
May 11, 2010

http://activerain.com/blogsview/1640350/cc-rs--hoas--and-amateur-radio