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Old March 10th 07, 06:37 PM posted to rec.radio.amateur.moderated
Cecil Moore Cecil Moore is offline
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First recorded activity by RadioBanter: Jul 2006
Posts: 1,614
Default PRB-1 and CC&R's

Howard Lester wrote:
However, a number of years ago the FCC prevented HOA's from restricting the
use of outdoor TV antennas and 3' satellite dishes unless the home is in a
"historic district" or is on a list of "historic homes." The only
restriction I know of otherwise is, as I recall, that the HOA may restricted
the antenna's height to no more than 12 feet above the roof line.


Here's what Texas Law says:

"Tex. Loc. Gov't Code Ann. § 250.002 (Vernon 2005)
§ 250.002. REGULATION OF AMATEUR RADIO ANTENNAS.

(a) A municipality or county may not enact or enforce an ordinance or
order that does not comply with the ruling of the Federal Communications
Commission in "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" or a
regulation related to amateur radio service adopted under 47 C.F.R. Part
97.

(b) If a municipality or county adopts an ordinance or order involving
the placement, screening, or height of an amateur radio antenna based on
health, safety, or aesthetic conditions, the ordinance or order must:
(1) reasonably accommodate amateur communications; and
(2) represent the minimal practicable regulation to accomplish the
municipality's or county's legitimate purpose.

(c) This section does not prohibit a municipality or county from taking
any action to protect or preserve a historic, historical, or
architectural district that is established by the municipality or county
or under state or federal law.

Added by Acts 1999, 76th Leg., ch. 68, § 1, eff. May 10, 1999."

Of course, this doesn't apply to willingly signed personal contracts.

Howard, did you get the email I sent?
--
73, Cecil http://www.w5dxp.com