In article , Bill Horne
wrote:

To be sure, there's a value judgement involved: the FCC had to decide
that the "value" of television outweighs that of preventing individuals
from having to suffer something they consider to be an eyesore. I, on
the other hand, think that my antennas deserve as much consideration as
a satellite dish, no matter what the content they help to convey.

I don't believe that the value judgement was on the part of the FCC. As
I recall, its origin was the United States Congress.

http://www.fcc.gov/mb/facts/otard.html

The FCC simply did as they were told, and implemented regulations which
enforce the intent of Section 207 of the Telecommunications Actof 1996.

The FCC has repeatedly been asked to expand the OTARD rules to cover
amateur radio antennas. They have repeatedly responded that they don't
feel that they can re-interpret Federal law to do so... it would go
well beyond the wording and intent of the cited law.

If Congress chooses to change the law (or pass a new one) and give the
FCC the explicit authority to override CC&Rs with regard to amateur
radio antennas, then I have little doubt that the FCC would once again
do as they were told, and enact new regulations.

Unless and until Congress acts in this way, the FCC is very unlikely to
change the regs... because, I suspect, they're pretty sure that if they
did so, somebody would take them to court for misinterpreting the law,
and the FCC would probably lose.

If you want OTARD expanded to include an exemption for amateur radio
antennas, write your Congress-critter. There have been bills
introduced several times in the past few years, to do just this... and
they've all died for lack of support.

--
Dave Platt AE6EO
Friends of Jade Warrior home page: http://www.radagast.org/jade-warrior
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