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Phil Kane · July 21st 08, 12:53 AM posted to rec.radio.amateur.moderated

On Wed, 16 Jul 2008 20:45:50 EDT, wrote:

There was also the issue that watching TV in one's home, be it a tiny
studio apartment or a giant estate or anything in between, was a
right of any resident, rental, owner, condo, etc. Nobody wanted to
deny *that* right!

Amateur radio doesn't have the same protections.

"... among those rights are life, liberty, and the pursuit of
happiness.... (from that radical document, the Declaration of
Independence)

I pursue my happiness with a K2 and an all-band antenna....

What the _Howard_ case said is that an amateur license doesn't grant a
right to erect any antenna of the licensee's choosing (as against the
regulatory authority of the jurisdiction filtered through PRB-1).

It's still basic, though, that a HOA Rule or CC&R cannot prohibit
amateur radio operation per se.

(I don't play a lawyer on TV, I'm too busy being one... ) ggg
--

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net