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Old October 13th 13, 01:52 AM posted to rec.radio.amateur.homebrew
Jerry Stuckle Jerry Stuckle is offline
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First recorded activity by RadioBanter: Oct 2012
Posts: 1,067
Default Beating planning permission (Brit) or zonal regulation (Yank)?

On 10/12/2013 7:18 PM, Donald wrote:
In the US, the FCC rules trump any planning commission or homeowners'
association, etc., allowing the licensed operator to erect an antenna
that isn't subject to any restrictions on height, length, etc., as
long as it doesn't extend beyond the land the owner controls, of
course.


Incorrect. FCC regulations say nothing about homeowner associations or
other covenants; only laws and zoning regulations. Even then, there can
be further restrictions, i.e. for safety reasons. About all PRB-1 says
is the city/county/other AHJ cannot have restrictions due to scenic reasons.

Even this is subject to interpretation. A recent court case in
California (I forgot which one - you can look it up if you are
interested) a judge ruled that a ham's 2M antenna was sufficient for him
to enjoy the hobby, and the city could restrict him from any other antennas.

Same for antennas for television reception, unless cable TV is
supplied at no charge to the occupant.


A completely different law, and also partially true. It allows
satellite antennas anywhere - whether cable tv is supplied or not. It
says nothing about outdoor broadcast antennas.

That doesn't mean that we wouldn't have to spend some time and trouble
fighting to assert our rights, though, even though we are protected by
law here in the US.


As I said - only partially true. And yes, it can cost several thousand
dollars to fight - and you may or may not "win".

The reasoning behind the law is that amateur radio is very useful in
times of disaster or local emergencies and that anything impeding the
use of such is counter to the public's general interests.

Many amateur radio operators here skirt the issue and just erect
"stealth antennas" that either can't be easily seen or aren't ugly
(like a flagpole vertical). In doing so, rather than ask for
permission, they just put it up and wait to see if the homeowner's
association or local code enforcer decides to press the issue. If the
amateur asks for permission, they increase the probability that
everything they do from then on will be scrutinized carefully.

Don




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