Phil Kane wrote:
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....
I love it.
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.
Some (and only some) West Virginia communities require permits for
erecting a radio tower. the CC&R situation is as ugly as it gets
anywhere else. Out in the counties, the situation is quite different.
Here in Marshall County, *no permit of any kind* is required to put up a
tower. Count elevation, cheap dirt and no antenna restrictions among
the reasons we chose to live here.
(I don't play a lawyer on TV, I'm too busy being one... ) ggg
Heh.
Dave K8MN