WW8N tower court case could set a precedent for all US amateurs

To keep the peace with the XYL, that's why.

 

i live in a non-HOA community and would NEVER live in any HOA even if I was not interested in ham radio. No one is going to tell me what I can do with my property. I have spent a few thousand dollars on my tower and antennas and am glad I did. Never had a problem with any neighbors in fact my next door neighbor saw me digging the base hole and asked what I was building. When I told him I was a ham and it was for a tower he said to let him know if I needed any help installing it.

There are no chickens or pigs in my neighborhood. Why do some HOA residents think that we are subjected to live with farm animals. The county has regulations about that.

 

What a misleading title to this story , certainly

"the League views this appeal as being one of precedential significance, not only for Ohio amateurs, but also for amateurs in other states that have passed state versions of FCC regulation PRB-1."


So if your state does not have PRB-1 this case won't me jack to you.

 

I will speak only for myself; I will not presume to speak for any other ham in an HOA.
I am not a ham who moved into an HOA.
My wife and I had a house built here.
Several years afterward, I became interested in ham radio.
It's not terribly convenient; given my druthers I would druther be elsewhere ... but I'm here, and until the economy improves, I can't afford to change.

 

Sorry Charlie thats not good enough for me, basically the XYL is saying no radio for you. That wouldn't go over to big with me she would find herself QRT with me.

 

Stricken... realized this was not even going to the federal circuit, and my point has been made numerous times already...

 

Now THAT just about takes the cake and over the line! Them people need a good old fashioned a$$ whuppin'! I mean a real humdinger! It is why I will NEVER submit to such nonsense as an HOA! Buncha &^%$#@!

 

GOOD POINT!!

 

I am sorry, but I don't feel that I should pay money to buy a home and have all of my neighbors telling me what I can and cannot do with it! That just disturbs me to the core! We would never consider a home in such a repressive community. We have raised chickens, cows and goats on my rural property and wouldn't have it any other way. BUT this is about a town that wants to control its own land use without intervention from the state. They must be put in their place! hope the town loses their appeal and the tower goes up!

 

Why would anyone who enjoys, life, liberty and the pursuit of happiness even consider living in such areas ?

Who says they have to look at it every day? They can always look in another direction, or they could move.

FWIW - There are no HOA's or deed covenants here ..... but there are several farms!

 

That's good you have an exception, for now. What happens when you lose and the HOA group decides to do things you don't agree with? You signed a contract to abide by the bylaws of a group essentially you agreed to have another level of government control part of your life. Things are great now but rules and laws can and do often change. If someone wishes to live that way I am ok with it just don't start trying to extend it passed the boundaries of your subdivision. By the way I'm fine with having pigs and chickens as neighbors. In most cases they make better neighbors anyway and they never complain about RFI.

 

I would tell the HOA where to stick it, even if its in the bylaws or rules that they can't have a certain size sign, no judge or police officer will make them take it down. HOA's should make some kind of exceptions.

 

Well, isn't it nice that local authorities waste hard-won tax dollars on these legal cases? I'm not sure how amateur radio could ever have been reasonably put forward as not of statewide concern. It seems, like with so many authorities, it's more a case of 'won't let go, can't let go'.

Good luck to the OM; there really is a worrying level of prejudice and prescription these days.

 

This case will likely have no impact on HOA situations.

 

Yes, this case involving WW8N involves an Ohio statute that mimics PRB-1 (47 CFR s. 97.15(b)):
Ohio Statutes
Title 55. ROADS - HIGHWAYS - BRIDGES
Chapter 5502. DEPARTMENT OF PUBLIC SAFETY
Includes all legislation filed with the Secretary of State's Office through 6/28/2013
§ 5502.031. Regulation of amateur radio service communications and structures
[TABLE="width: 100"]
<tbody>[TR]
[TD] (A)
[/TD]
[TD]As used in this section:
[TABLE="width: 100"]
<tbody>[TR]
[TD](1)
[/TD]
[TD]"Amateur radio service" means the amateur service, the amateur-satellite service, and the radio amateur civil emergency service as provided for under 47 C.F.R. part 97.
[/TD]
[/TR]
</tbody>[/TABLE]

[TABLE="width: 100"]
<tbody>[TR]
[TD](2)
[/TD]
[TD]"Amateur station" means a station in an amateur radio service consisting of the apparatus necessary for carrying on radio communications.
[/TD]
[/TR]
</tbody>[/TABLE]

[TABLE="width: 100"]
<tbody>[TR]
[TD](3)
[/TD]
[TD]"Legislative authority" means the following:
[TABLE="width: 100"]
<tbody>[TR]
[TD](a)
[/TD]
[TD]With respect to a county, any county rural zoning commission, board of county commissioners, or county board of zoning appeals;
[/TD]
[/TR]
</tbody>[/TABLE]

[TABLE="width: 100"]
<tbody>[TR]
[TD](b)
[/TD]
[TD]With respect to a township, any township zoning commission, board of township trustees, or township board of zoning appeals;
[/TD]
[/TR]
</tbody>[/TABLE]

[TABLE="width: 100"]
<tbody>[TR]
[TD](c)
[/TD]
[TD]With respect to a municipal corporation, the legislative authority of any municipal corporation, a planning commission established under section 713.01 of the Revised Code, or an administrative board created under section 713.11 of the Revised Code.
[/TD]
[/TR]
</tbody>[/TABLE]
[/TD]
[/TR]
</tbody>[/TABLE]
[/TD]
[/TR]
</tbody>[/TABLE]

[TABLE="width: 100"]
<tbody>[TR]
[TD](B)
[/TD]
[TD]Sections 303.01 to 303.25, 303.99, 519.01 to 519.25, 519.99, and 713.06 to 713.15 of the Revised Code do not confer on any legislative authority the authority to preclude amateur radio service communications. Any rules adopted under those sections by a legislative authority to regulate amateur radio service shall comply with the following limitations:
[TABLE="width: 100"]
<tbody>[TR]
[TD](1)
[/TD]
[TD]The legislative authority shall not restrict the height or location of amateur station antenna structures in such a way as to prevent effective amateur radio service communications and shall comply with 47 C.F.R. 97.15.
[/TD]
[/TR]
</tbody>[/TABLE]

[TABLE="width: 100"]
<tbody>[TR]
[TD](2)
[/TD]
[TD]The rules shall reasonably accommodate amateur station communications and shall constitute the minimum practicable regulation necessary to accomplish the legislative authority's purpose.
[/TD]
[/TR]
</tbody>[/TABLE]
[/TD]
[/TR]
</tbody>[/TABLE]

[TABLE="width: 100"]
<tbody>[TR]
[TD](C)
[/TD]
[TD]Any legislative authority that denies an application for approval of an amateur station antenna structure shall state the reasons for the denial and shall, on appeal, bear the burden of proving that the authority's actions are consistent with this section.
[/TD]
[/TR]
</tbody>[/TABLE]
Cite as R.C. § 5502.031