On Mar 10, 5:38�am, "Bill Horne, W1AC"
wrote:
KC4UAI wrote:
I was just reading on the ARRL's website where the FCC has once again
declined to include CCNR's (Deed restrictions) in it's "must be
accommodating to Ham Radio" rules. I was wondering if anybody knew
much about the organization that petitioned the FCC?

I was also wondering if somebody has re-introduced the bill into the
new congress that would force the FCC to include CCNRs in it's PRB-1
pre-emption rules? *I'm just guessing but it seems that the previous
bill that was introduced, got shuttled to committee and died there.

This is important to me because I live in a deed restricted community
with a very picky HOA.

-= bob =-

Bob,

IANALB, the way it was explained to me is that Congress is very
reluctant to intercede in what is, in essence, a contractual matter, and
I think that reluctance is justified.

I think homeowners are justified in seeking relief from _government_
regulation of antennas, since such rules are not the sort of thing local
governments do well. Deed restrictions, however, are something I think
the government should stay out of unless there's a _very_ compelling
public interest.

YMMV.

Bill,

I think there *is* a compelling public interest in the anti-antenna
regulations contained in many CC&Rs.

First off, those regulations have become "boilerplate"
in many if not most new construction since the 1970s.
The percentage of "no antenna" homes keeps growing
with time.

Second, deed restrictions and covenants are a form of
self-perpetuating contract that the buyer must accept
or not buy the house, even though the buyer does not
get anything tangible from them.

Third, many of the "no-antennas" clauses are overly
restrictive in that they cover antennas that are not
visible to the neighbors, or are no more visually
intrusive than the utility wires and poles. It is simply
illogical that a nearly invisible wire antenna somehow
ruins the neighborhood, but the multiple poles and wires
for power, cable TV, telephone, etc, do not.

I am not against reasonable regulations, zoning, and codes.
IMHO, many anti-antenna CC&Rs are simply not reasonable.
They are an attempt to get around the limits of government power by
means of private contracts.

73 de Jim, N2EY