[FSG-public] ARRL bill for HOAs going about

Jon Pearl - W4ABC jonpearl at tampabay.rr.com
Thu Jul 27 14:26:16 EDT 2017


While the language contained in PRB-1 wasn't always the most helpful; 
because of its complexity, it often times dissuaded 'board's and country 
lawyers from further trespass against amateurs.  This latest iteration 
at attempting to shore-up the shortcomings of PRB-1, actually supplies 
the anti's with additional language that they will point to and use 
against us.

The ARRL has all but admitted that at this late juncture, our efforts 
will be rewarded with a camel's nose under the tent.

Hurray for us!



73,


Jon Pearl - W4ABC



On 7/26/2017 8:17 PM, Bryan Fields wrote:
> 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.
>
> ---
>
> 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
>


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