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Old October 13th 13, 03:39 AM posted to rec.radio.amateur.homebrew
David Platt David Platt is offline
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First recorded activity by RadioBanter: Jul 2013
Posts: 46
Default Beating planning permission (Brit) or zonal regulation (Yank)?

In article ,
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.


Alas, that is not entirely true.

The FCC rules do trump local zoning laws and regulations, to the
extent that the FCC has declared... specifically, that such local
government restrictions must make reasonable accommodation for the
needs of amateur radio operators. Local government bodies can still
have some rules and restrictions, but they can't have a blanket "no
antennas" law or a policy which amounts to one.

Unfortunately, the FCC's override does *NOT* apply to restrictive
property covenants (the sorts of restrictions that homeowners'
associations enforce). The FCC has specifically, and repeatedly
refused to override such covenants, saying that it lacks the authority
to do so. Such HOA rules aren't laws... rather, they are terms
included in the contract under which a house or other property was
purchased. The FCC says that they don't have the legal right to
override such private contractual terms, unless Congress specifically
authorizes them to do so.

Congress *has* enacted such an override of HOA rules, but it applies
only to television and satellite receiving antennas (and, I believe,
to Internet-access antenna systems). It does not apply to amateur
radio antennas.

Hams have lobbied Congress, repeatedly, to try to get Congress to
extend the override to include ham antennas, but every such attempt
has failed... and until one succeeds, the FCC won't act.