In article ,
Michael Coslo wrote:
Thanks Cecil, but I can't have any flag poles. 73's
Good lord, what kind of neighborhood won't allow a flagpole?
Unpatriotic creeps?
A "planned" community, with a strict set of CC&Rs, enforced by a
homeowner's association whose board has an extremely anal attitude
towards any variation at all in the community's planned appearance
scheme?
Sounds like you need to get PRB-1 in your corner.
Essentially, they cannot stop you from erecting *something*, you have
the right to an antenna.
PRB-1 applies only to governmental restrictions (e.g. city and county
zoning rules).
Unfortunately, it does not apply to CC&Rs (codes, covenants, and
restrictions) which are written into the title of a home or other
piece of property. Legally, these are part of the contract of sale of
the property - they're a private agreement between seller and buyer,
and are not implemented or enforced by the local government.
Hams have asked the FCC to rule that PRB-1 overrides such CC&Rs. The
FCC has declined to do so, on the grounds that it doesn't have the
legal authority - Congress *could* have written/extended PRB-1 to
override such CC&Rs, but chose not to do so.
See
http://www.eham.net/articles/16368 for one story on this aspect of
the problem.
Unfortunately for hams, antenna-restrictive CC&Rs are quite common in
newer communities and are becoming even more so. I've heard that in
some areas, they're almost (but not quite) a legal fact-of-life, in
that lenders won't provide financing for the construction of the
community in the first place unless the builder includes a fairly
stiff set of CC&Rs in the plans (to "preserve the aesthetics and value
of the community" I suppose).
I believe I read an article a few months ago about legislation which
specifically overrides CC&Rs to the extent of allowing the flying of a
United States flag, but I can't recall the details... and I don't
think it would necessarily have allowed a long vertical flagpole.
There *is* one possible "out" with regard to antennas and CC&Rs,
although it does not involve PRB-1. Instead, it uses the OTARD
(Over-The-Air Reception Devices) rule (47 C.F.R. Section 1.4000),
which specifically allows the installation of television, direct-
broadcast-satellite, and "fixed wireless" antennas. This rule *does*
override CC&R restrictions, as well as local zoning restrictions.
It's not unlimited - mast height is limited to 12 feet, dish size is
limited to 1 metre, the override applies only to antennas installed in
an "exclusive use" part of the property (i.e. not in shared areas),
and there can be *some* restrictions on placement in limited cases.
In general, though, you're allowed to put up a TV antenna, and cannot
be hit with restrictions which materially increase your costs in doing
so or make the job significantly more difficult.
The rule doesn't apply to ham antennas. However, there's at least one
company (Force 12, I believe), which makes an antenna that can serve a
dual purpose - it's a shortened, center-fed-and-loaded (I think) HF
vertical, and also can serve as a TV reception antenna.
Another possible option would be to put up an *insulated* 12-foot mast
pipe with a standard TV log-periodic antenna at the top, run a set
of radials along the roof, and feed it at the base with an antenna
tuner. You might add some switchable base-loading coils, or even
figure out some way to relay-jumper the log-periodic at the top to the
mast so that it acts as a capacity hat.
As long as you *do* use the antenna for TV reception, I believe it'd
be covered by the OTARD preemption, even if you also use it
occasionally for ham-band use. [Just remember to disconnect the TV
feed system before keying up!!!]
See
http://www.fcc.gov/mb/facts/otard.html for details.
--
Dave Platt AE6EO
Friends of Jade Warrior home page:
http://www.radagast.org/jade-warrior
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