Politico Article Raises Concerns of Amateur Radio Parity Act

Quite true. Note none of the usual suspects active here will provide anything in response to substantively contradict your post as they can't... yet they persist in embarrassing themselves in public.

 

I like your optimism, however, it is just that.
I'm aware of no law or regulation which ever resulted in transforming attitude or perception.

Flexible HOAs will still allow modifications and strict HOAs will codify their restrictions. Nothing substantive will change regardless of your optimism/delusion.

 

The difference is that "accommodation" implies some sort of negotiation, give-and-take. You "accommodate" something that the other party wants.

But "an effective outdoor antenna" coupled with the "additional requirement" that the CA/HOA has all the power to dictate rules on height, size, appearance, installation, and so on, i.e. everything that goes into making an antenna "effective", is actually much more restrictive as well as it fails to guarrantee that the ham would have any input into the formation of the rules. There's nothing in the CAI version of ARPA that requires "accommodation". That's why CAI rewrote it to take that phrase out of it.

One has to read the entire bill in its own context.

 

All right, so??? That's exactly my point: if it won't help, also nothing will be lost. Nothing!

Yes, the HOA will have a word in what they allow, and I'm fine. It's a lot more than I already have from them, which is nothing.

Yes, the HOA will fight for what they allow and try to reduce that to ridiculous requirements, but still it is more than I have, which is nothing.

Under ARPA at least I would have a leg to stand on. Now I have nothing.

ARPA can't take away nothing from me.

Having said all that, an end-fed would be hard for them to turn down. Even if they try, there would be legal recourse. Now there is nothing.

You're telling somebody dying of thirst "Phew, those few drops won't help you". No, but I still want them. Now I have nothing.

 

I'm not sure I agree as it can get worse, particularly for others. To be blunt, it's not all about you. For example, many HOAs currently have no antenna limitations and more have subjective and flexible limitations such as where we live. That will change and not for the better.

If this thing is enacted, those HOAs will be required to write prescriptive rules which will inevitably be more onerous. Whereas now you have an indoor antenna, in the future it could be more limiting. Anyone who thinks HOAs are magically going to be more generous with the rules is naive. Laws don't change attitude. But I wish you luck!

 

Heres how it will probably play out:

IF this makes it through Congress, and Prez signs it, then the FCC will issue a Notice of Proposed Rulemaking and open a Comment period, then issue new regulations.

The bill requires this all be done within 6 months. That's not much time compared to the usual FCC timetable. They'll have to rush it and not spend too much time thinking about it. Also, the bill REQUIRES specific things be written into regulation. Everywhere you see "shall" in the bill, is required regulation. And FCC doesn't want to deal with this anyway. So we probably won't see a rewrite that is more favorable to hams in the FCC process, only things that are favorable to the FCC.

So some time before the end of 2019, this would be in Part 97.

At that point you'll have to put in a request for approval for your end fed wire. Your HOA will of course deny it pretty aggressively. Then you'll have to educate them on the new FCC regulation. After discussing it at a board meeting maybe 6 months later, they'll call their lawyer. Their lawyer, also unfamiliar with the new law, will tell them it's nonsense, and you'll be denied again.

So then you ask an ARRL Volunteer Counsel to write a letter to the HOA lawyer. They'll have their hands full so it may not be immediate. The HOA lawyer think about it for awhile.

Eventually , the HOA lawyer will contact the Community Association Institute and ask for a "best practices" guide. The CAI of course already has a document that describes pretty specifically what they consider to be "an effective outdoor antenna" (they wrote it up about two years ago, and made sure to use the word "effective antenna", so they're all ready for this).

The HOA lawyer will then contact the HOA and tell them that they have to write new written rules, that allows a thin wired to be stapled up to the house eaves, or a temporary vertical antenna no higher than 15 feet (both are specific examples given in the CAI document). The HOA will call the lawyer back and tell her that their CCRs state otherwise, they'll have to change the CCRs. That will take additional time and lawyer fees.

In the meantime, lawyer fees are piling up and the HOA will make sure that word is spread around that YOU are responsible for everyone's assessment going up.

By 2021 you might have your HOA permission to put up the temporary 15 foot vertical or the invisible wire stapled to the eaves. If you don't, or if the HOA requires some ridiculous insurance or damage deposit, you'll have to hire your own lawyer and tell the wife and kids to tighten their belts so you can pay for it.

Eventually you get your "effective outdoor antenna". Your neigbhbors will complain about "interference" and will hate you for ruining their "property values" and unless your HOA has a clause prohibiting it, your neighbors will take you to court for abatement of a nuisance.

 

In amateur radio, we Have dealt with wackers in public service situations with their orange jackets and (6) Six handheld radios on their belt loops.

Now comes the scourge of the HOA world, The adult equivalent of the lunchroom or hall monitor and who now scourges the byways, streets and cul de sacs of the Community Association.

Ferreting out unauthorized antennas with their weasel like superpowers, staying up all hours of the night scanning the 80 and 160 meter bands for signs of antenna life, heaven forbid 476 KHz or any other low form of life is even permissible! Snooping around flagpoles, carousing the QRZ for signs of new hams in the database Who are hidden in the development. This is the single solitary life of the community radio weasel.

They are rarely noticed in public, quite shy about their activities, and are very reclusive. They are shunned by other Amateur Radio Operators at Social Functions like get togethers, Club Meetings and Hamfests.

Their mates may be more prominent, Penelope Pen Holders, Paula Picture Taker, Greta Grass Measurer and the most feared of all the weasel family is Francine The fence Climber. The female of the species is considered quite deadly and hazardous to your wallet.

The Radio Narcs are an associated group, They believe that they can ferret out the amateur radio Operator from 1 mile off when in fact they’re kind of clumsy. CBus Illegalus, Freebanditus and other who think and believe they know Amateur Radio but know nothing in actuality. Beware however, They are known to approach Sally the HOASecretary.

 

Wow... I appreciate the time you put into writing your post, I really do and I don't want to be flip, but could you tell me the lottery numbers? You have an uncanny ability to see exactly what will happen in the future.

I don't doubt that your scenario could well be one of the ones playing out in the future. Not even you though can see in the future and claim that this is how it will play out in every single HOA. If you're in an HOA that plays that hardball, yeah, ARPA won't help. You don't have to go to the extent you described. What have you lost? Nothing.

As to the argument that HOA currently without restrictions will suddenly implement restrictions... is that a fact, or an opinion? Really? An HOA that currently has no problems with antennas will spend the money and time to implement changes they don't believe in?

 

My wife and I moved from South Central Wash.St. to Boise Id. We found A house close to our Kids , then found out this is an HOA area(renting) . I put up A 5 band trap vertical back in the corner between A shed and a Tree next to the fence. No ground radials , but a SCREEN GRID 12' x 12'. It is not the best antenna set up but it works. Not all HOA's are all bad. I did not ask permission. just put it up , and NO one has said A word. Knock on wood!

 

The bill is written in terms of Community Associations, not just HOAs. An HOA is just one form of Community Association and many HOAs have some sort of antenna restrictions.

However, there are other types of Community Associations. What this bill does is require the FCC to include language that allows any type of Community Association to create new written rules for antennas.

So while this bill would marginally help amateurs in HOAs that outright ban amateur radio, and might improve the situation for others in HOAs in terms of allowing "an effective outdoor antenna", whatever that turns out to be; it also opens the door for all other types of Community Associations to start restricting antennas, even if they do not have such restrictions in their CCRs.

There is nothing in the bill that defines it's applicability to only HOAs with existing antenna restrictions. One hopes that the FCC will address that point in the rulemaking, but I'm not hopeful, given that they have to rush it and don't want to deal with it anyway.

 

Unfortunately, the current language in the Bill requires precisely that by making no distinction between HOAs which have/don't currently have antenna limitations.

Again, if an HOA "has no problem with antennas", it's likely they won't in the future = nothing changes unless they change their mindset writing prescriptive rules. I think we all know HOAs aren't going to get more altruistic simply because of this.

And if a HOA currently excludes antennas, the language in the current Bill requires only that you "seek and obtain approval" of an antenna the HOA deems "Effective".

 

I understand your point, and it's a valid one. I would say that a Community Association that is currently lenient toward use of outdoor antennas will be very unlikely to suddenly get upset about use of outdoor antennas.

Nobody can guarantee that this will be the case in every single instance, but I would say that overall a larger number of hams would benefit than be negatively affected. And this is what ARPA is all about; get as many hams on the air as possible. Not every single ham in an HOA. It would be nice...

 

I don't think it's a matter of "lenient". I think it's more a matter of CAs that current don't have recorded CCRs that restrict antennas have not had a legal basis to impose restrictions. The problem comes in because now, there will be a federal law that they can if they want to. Agreed that not all will, but this creates a risk that was not there before.

People who want to put up antenna farms, large towers, etc, typically go find land where the deed restrictions say nothing about antennas. But there often are other CAs in such areas, for example, for trash pickup or road maintenance. Now not only does the ham have to research the CCRs, but also has to deal with any Community Association they would be part of, to get approval required by federal law, and the CA is allowed by federal law to create new rules !

That would be reasonable if it were the case that it helped more hams without hurting others. This bill however has the potential to hurt some hams. Maybe it won't after it all shakes out, but the risk is there and it will take some court cases.

 

The question is: are most community associations restrictive or lenient when it comes to antennas? I believe most are restrictive, and if that is true, then more hams could benefit than be negatively affected. It becomes a numbers game; if more benefit than suffer, it's considered viable.

I can't deny though that if I were a ham in a community where I already can have a decent antenna, I wouldn't be happy with the potential negative ramifications. I would probably oppose ARPA, just to be sure. But, as I said, it's a numbers game.

 

Yep. That's the thing. It seems "better than nothing" unless you happen to be one of the ones who could be negatively impacted. It's be better if it had been tweaked to avoid the negatives in the first place, but it's too late now. Maybe it can be tweaked in the FCC process to avoid that but as I said earlier I'm not very hopeful for much from the FCC. So then it comes down to whether your CA will either let it alone, or be willing to work with you; and if not, either give up or go to court. I don't like any of those options.

My current QTH is in a subdivision that has no HOA or even any Community Association. It does have CCRs but they say nothing about antennas. There is a "civic association" but it's voluntary so does not meet the definition of Community Association in ARPA. So it is safe for antennas here. County ordinances are not a hinderance either, just some reasonable setback rules. The immediate neighbors haven't minded my wires and verticals over the years. I could put up a 45 foot tower if I wanted to.

But I have recently retired and the wife wants to move to another state soon. We specifically rule out HOA neighborhoods not only because of antenna restrictions, but she doesn't like HOAs any more than I do. It's easy enough to avoid HOAs. There's plenty of properties where we're looking that are not in HOAs, have no antenna restrictions, and have land where I can put up a tower.

But if this bill passes into law, without clarifications, my problem will be that I also have to be careful of ALL Community Associations, and that will get to be difficult. I can find properties with acreage for antennas and no HOA, but would likely be part of a road maintenance CA, or a trash pickup or snow removal CA if the county or local government doesn't provide that service. Etc. If the CAI version of ARPA becomes law, it potentially removes a lot of options I would otherwise have, and increases risk.