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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 -- ================== Remove the "x" from my email address Jerry, AI0K ================== |
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