On 8/8/2014 10:13 PM, KC4UAI wrote:
Sorry if this has bee discussed before, but I just found out about this.

I live in a community that has CC&R's (deed restrictions) that prevent
me from putting up any externally visible antennas. I'm not complaining,
well not too much, I knew about the restrictions before I purchased the
house, so what complaint could I have? ...

HR-4969 is apparently a bill in congress which would extend the
"reasonable accommodation" standard which now applies to Federal,
State and local government regulations so that it covers private
land contracts as well. Way back in the 70's, the FCC declined to
preempt such private land contracts (deed restrictions) for Ham radio,
even though it felt it necessary to do the very same thing for
over the air TV and Digital internet and phone services.

I think I'm like most Americans: reluctant to ask the government to
interfere in a private contract. I used to think that, so long as the
CC&R provisions were known in advance and did not discriminate on the
basis of race, religion, etc., that they were something the government
should not tamper with.

Unfortunately, it appears that some local governments, being unable to
impose "zoning" rules that keep out oddballs such as we, have turned to
their friends in the building trade to accomplish privately what they
could not do with zoning law. In other words, some "CC&R" codicils are
written with the goal of obtaining political ends by private means, and
I applaud the congress for taking notice.

I am, however, puzzled at *why* local governments would follow this
path. The reasons for exceptions that allow satellite dishes or other TV
antennas are obvious, and necessary - but I think the reasons that Ham
radio antennas are being forbidden are not so clear.

I welcome debate on the agendas, both known and hidden, which have led
to the use of CC&R restrictions as a substitute for public debate and
public policy.

73,

Bill, W1AC


--
Bill Horne
(Remove QRM from my address to write to me directly)