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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. |
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