[FSG-public] ARRL bill for HOAs going about

[Bryan Fields]

The ARRL is pushing a bill to rein in the power of Home Owners Associations
(HOAs) to regulate amateur antennas in the same fashion of PRB-1.

You may see an email on this http://arrl.rallycongress.net/ and be asked to
support it.  The below are my thoughts on it, and I believe it's a bad bill
and not something we should support.  These are my own views and not one of
any group.

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I've reviewed this bill and cannot find how it benefits the amateur radio
hobbyist. On the contrary it gives more power to the HOA for harassing amateur
licensees.

This bill makes it a FCC requirement to get the permission of the HOA to
install any outdoor antennas used for amateur radio communications.  This
converts a covert antenna and HOA complaint letter into a violation of FCC
rules.

If this passes any HOA will differ in what "effective outdoor antenna" means
and not grant permission to put up any antenna until lawyers are involved.  As
the bill is vague in it's wording of what is an "effective outdoor antenna",
the courts will have to decide.  If an amateur decides to skirt the HOA rules,
now the HOA has another tool, writing the FCC about a licensee violation of
part 97.  This now draws the FCC enforcement bureau into what was a private
contract dispute.

I don't care to give another tool to HOAs to compel compliance.  Amateurs
already misuse the enforcement bureau for when their feelings are hurt, we
don't need HOAs in the mix too.

Text of the bill:
https://www.congress.gov/bill/115th-congress/senate-bill/1534/text

Relevant portion of my objection:
(b) Additional requirements.—In amending its rules as required by subsection
(a), the Commission shall—

(1) require any licensee in an amateur radio service to notify and obtain
prior approval from a community association concerning installation of an
outdoor antenna;

73's
W9CR

-- 
Bryan Fields, W9CR
Florida Simulcast Group, Inc.