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Jeffrey Angus[_2_] October 13th 11 10:29 PM

HOA and CC&R agreements.
 
I see this month's edition of QST has yet another series of
articles on how to violate the terms of the contracts people
sign when they move into a housing development.

Jeff-1.0
wa6fwi

--
"Everything from Crackers to Coffins"


Bill Horne[_4_] October 14th 11 05:21 PM

HOA and CC&R agreements.
 
On 10/13/2011 5:29 PM, Jeffrey Angus wrote:
I see this month's edition of QST has yet another series of
articles on how to violate the terms of the contracts people
sign when they move into a housing development.


Oh, boy, another CC&R debate! Can I bring some popcorn?

Not to pour cold water on your multiple unwarranted guesstimations, OM,
but there are some things you're assuming that aren't necessarily so.

1. CC&R's or other homeowner agreements may or may not obligate
homeowner to avoid erecting separate antenna structures, but you don't
know that they specifically prohibit the use of concealed antennas for
amateur radio.

2. The terms of the contracts people sign are subject to the laws in
effect when they signed them, and those laws might invalidate
restrictions on ham radio.

3. If you intend for everyone else in the body politic to help you
arrange your world so that nobody ever does anything that annoys you,
causes you to rethink your position, or requires you to admit to having
preconceived notions, then I suggest you find a convenient cave and take
out a lease, provided the CC&R's and homeowner agreements are everything
you expect.

HTH. HAND. YMMV.

Bill, W1AC

--
"Everything from crackers to coffins"

.... neither of which feel good on your skin.


Jeffrey Angus[_2_] October 14th 11 10:21 PM

HOA and CC&R agreements.
 
Hi Bill.

Quite the opposite. I moved out to a location where I
can pretty much do what ever I want to. Antenna or other
wise.

I'm just tired of people moving to some location where
they can't have antennas and then whining about how can
I get around not having an antenna.

Jeff-1.0
wa6fwi


--
"Everything from Crackers to Coffins"


Kickin' Ass and Takin' Names October 15th 11 12:16 AM

HOA and CC&R agreements.
 
On Fri, 14 Oct 2011 17:21:11 EDT, Jeffrey Angus
wrote:

Hi Bill.

Quite the opposite. I moved out to a location where I
can pretty much do what ever I want to. Antenna or other
wise.

I'm just tired of people moving to some location where
they can't have antennas and then whining about how can
I get around not having an antenna.

Jeff-1.0
wa6fwi



WTF business is it of yours where other people live and what they
"whine" about?

Some people have WAY too much time on their hands.


Jeffrey Angus[_2_] October 15th 11 12:51 AM

HOA and CC&R agreements.
 
On 10/14/2011 6:16 PM, Kickin' Ass and Takin' Names wrote:
WTF business is it of yours where other people live and what they
"whine" about?

Some people have WAY too much time on their hands.


I guess you don't get it.

My point is this:
You buy a house, or condo in a development.
You sign a large legal document with stipulations
as to what you can and can not do.
You move in.
Then you immediately try and find a way to
contravene the legal document you signed.

Does having an amateur radio license automatically
grant you immunity from contractual agreements?

What's next? "I don't have to pay the mortgage this
month because I bought a new rig. I have a license."

If you bought property that clearly states "No out-
side antennas" that means just that. Whether it's
a 70' tower, flag pole, garden sculpture or bird
house.

Jeff-1.0
wa6fwi

--
"Everything from Crackers to Coffins"


Art Clemons October 15th 11 02:55 AM

HOA and CC&R agreements.
 
Jeffrey Angus wrote:

f you bought property that clearly states "No out-
side antennas" that means just that. Whether it's
a 70' tower, flag pole, garden sculpture or bird
house.


First let's not that most CC&Rs and/or Home Owner Asocciation terms are not
clearly stated nor are they easy to discover on your own. I used to see
CC&Rs that were recorded on one section of land and then incorporated by
reference to the terms on another plot. Home Owner Associations are often
have their powers set up by the builder, and many buyers don't discover they
are affected by the terms of the HOA until either they run afoul of the
terms or they are affected by the deeds or actions of another supposed
member. It's not likely that hidden terms will go away anytime soon, but I
suggest that a limited life for the existence of cc&rs or Home Owner
Associations might not be a bad idea. The concept of something running with
the land isn't one most folk readily grasp!


Alan October 15th 11 05:01 AM

HOA and CC&R agreements.
 
In article Art Clemons writes:
Jeffrey Angus wrote:

f you bought property that clearly states "No out-
side antennas" that means just that. Whether it's
a 70' tower, flag pole, garden sculpture or bird
house.


First let's not that most CC&Rs and/or Home Owner Asocciation terms are not
clearly stated nor are they easy to discover on your own.


This is why one must insist on seeing the details before signing.

Alan


Phil Kane October 15th 11 06:11 AM

HOA and CC&R agreements.
 
On Fri, 14 Oct 2011 12:21:06 EDT, Bill Horne
wrote:

1. CC&R's or other homeowner agreements may or may not obligate
homeowner to avoid erecting separate antenna structures, but you don't
know that they specifically prohibit the use of concealed antennas for
amateur radio.


FCC rulings in several cases have held that HOA regulations or CC&Rs
can prohibit erection of antennas on property that they have
jurisdiction over, but only the FCC can determine who and where radio
transmitters can be operated.
-- 73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net


dave October 15th 11 02:42 PM

HOA and CC&R agreements.
 
On Sat, 15 Oct 2011 01:11:15 -0400, Phil Kane wrote:

FCC rulings in several cases have held that HOA regulations or CC&Rs can
prohibit erection of antennas on property that they have jurisdiction
over, but only the FCC can determine who and where radio transmitters
can be operated.


HOAs cannot prohibit installation of TV reception antennas, including
parabolic reflectors up to 30" (36"?) on parts of the building under
exclusive control of the would-be receiver.

As a licensed amateur, the FCC allows me to determine when and where I
may transmit.

I find the invisible (stealth?) ham a fascinating subspecies and think
the hobby is better for them. Homeowners associations at best protect
property values, and reserve official actions for obvious infractions.
"Reasonable" goes a long way with good ones.


Bill Horne[_4_] October 16th 11 05:42 PM

HOA and CC&R agreements.
 
On Fri, 2011-10-14 at 17:21 -0400, Jeffrey Angus wrote:
Hi Bill.

Quite the opposite. I moved out to a location where I
can pretty much do what ever I want to. Antenna or other
wise.

I'm just tired of people moving to some location where
they can't have antennas and then whining about how can
I get around not having an antenna.


Jeff,

I "sort of" agree with you: we've covered this topic before on r.r.a.m.,
so I'll try to avoid beating a dead horse.

The problem with CC&R's is that builders love them and real estate
agents love them, and nervous new buyers love them, but they are,
IMNSHO, at variance with human nature and the natural, healthy
inclination to improve one's property and to make it unique and more
appealing to the owner's eye. Such "contracts" are designed to reassure
the purchasers of mediocre housing in second-rate cities that no one
will every be allowed to do anything that makes them wonder how badly
they were robbed.

There are too many people around who are eager to tell me how to live
and what to think, and I don't like the thought that, as time goes by,
the only houses that I can afford will ALL be subject to though-police
interpretation of ridiculous rules that I had to "agree" to in order to
have a roof over my head. I've got a contrarian nature, but also a
men-of-a-certain-age appreciation of differences and innovation, even if
they mean that I must "Suffer" the obligation to look at a religious
monument most politely described as "Our Lady Of The Bathtub", or a
tri-band beam that I know is too low to do anything but warm up the
birds' behinds.

CC&R's are, by their nature, covenants that demand everyone think the
same, and they are put in place to sell real estate to those whom are
afraid of anyone who thinks differently. I think a little uncivil
disobedience is called for.

YMMV.

73,

Bill W1AC



Art Clemons October 17th 11 05:12 AM

HOA and CC&R agreements.
 
Alan wrote:

First let's not that most CC&Rs and/or Home Owner Asocciation terms are
not clearly stated nor are they easy to discover on your own.


This is why one must insist on seeing the details before signing.


If it were that simple, no problem, but convenants and restrictions running
with the land are often well hidden. Truthfully a seller only has to be
able to legally convey the property and use of the land it sits on, any
other deed restrictions are there. Even an attorney who specializes in real
estate can miss well hidden CC&Rs or not notice how significant antennas
being restricted, or not being able to park an RV in the backyard can be
until after it's too late. HOAs can be really problematic, even after
you've lived some place for let's say 2 decades, said association can change
its rules/regulations and produce results which are really undesirable.

The really sad part is that the FCC could decrease restrictions on Antennas
and supporting structures rather easily as it did with satellite dishes and
less than one meter TV antennas, but I suggest that builders and realty
sellers oppose any such change.


Phil Kane October 17th 11 11:05 PM

HOA and CC&R agreements.
 
On Mon, 17 Oct 2011 00:12:54 EDT, Art Clemons
wrote:

The really sad part is that the FCC could decrease restrictions on Antennas
and supporting structures rather easily as it did with satellite dishes and
less than one meter TV antennas, but I suggest that builders and realty
sellers oppose any such change.


The FCC adopted the OTARD rule for TV antennas and satellite dishes
only because The Congress mandated such. We have been trying to get a
similar mandate for many years and it's falling on Congressional deaf
ears.. The FCC was very clear a few years ago that absent such a
Congressional mandate, it will not make such a rule on its own.

As for "hidden" restrictions, many states, including California,
require that the seller (through agent, if that is how the
transaction is made), provide the buyer with a true copy of both the
list of CC&Rs and any HOA rules that affect the property and the buyer
has the option to review and decline to proceed with the purchase,
just as with a title search and home defect inspection.

When we bought this house in Oregon, we had our agent's office request
that info from the county recorder through a title search company
before we even got serious, and we declined several houses which were
nicer and newer because there were such restrictions, including one
brand new townhouse that screamed "CC&Rs" even though they couldn't
find any on file. It's called "exercising due diligence".
-- 73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net


[email protected] October 18th 11 03:23 PM

HOA and CC&R agreements.
 
On Mon, 17 Oct 2011 00:12:54 EDT, Art Clemons
wrote:

The really sad part is that the FCC could decrease restrictions on Antennas
and supporting structures rather easily as it did with satellite dishes and
less than one meter TV antennas, but I suggest that builders and realty
sellers oppose any such change.


The FCC says that they lack the authority to override CC&Rs and HOA
agreements as they are between private parties, but that they would
override them if Congress passes a law giving them permission. So,
let's lobby our federal lawmakers to pass such a law. That's the way
the TV industry got the FCC to override CC&Rs and HOAs for TV
receiving antennas.

Dick Grady, AC7EL


dave October 18th 11 03:23 PM

HOA and CC&R agreements.
 
On Mon, 17 Oct 2011 00:12:54 -0400, Art Clemons wrote:


The really sad part is that the FCC could decrease restrictions on
Antennas and supporting structures rather easily as it did with
satellite dishes and less than one meter TV antennas, but I suggest tha

t
builders and realty sellers oppose any such change.


You can make a mighty fine HF antenna system and disguise it as an OTA
receiver antenna.

I specifically asked for no deed restrictions when I went house hunting
and my realtor found me a great neighborhood full of non-judgmental gear-
heads and garage bands. We block off cul-de-sacs and have block parties;
not exactly Leisure World...


MM October 18th 11 03:23 PM

HOA and CC&R agreements.
 
On 10/17/11 3:05 PM, Phil Kane wrote:
The FCC adopted the OTARD rule for TV antennas and satellite dishes
only because The Congress mandated such. We have been trying to get a
similar mandate for many years and it's falling on Congressional deaf
ears. ...


They were heavily lobbied by the satellite interest groups who have deep
pockets...Murdoch and his ilk. Hams can't offer them anything comparable
so we're just SOL...


Phil Kane October 18th 11 09:55 PM

HOA and CC&R agreements.
 
On Tue, 18 Oct 2011 10:23:37 EDT, dave wrote:

You can make a mighty fine HF antenna system and disguise it as an OTA
receiver antenna.


In the Report and Order that established the OTARD rules, the FCC
specifically said that use of an OTARD antenna for any other purpose
would not fall under that protection. If the HOA was really out to
get you, they would hire a company like ours or our competitors to
determine that the antenna was being used to radiate a signal and then
it's "gotcha".

Like I always say - when you get caught, what excuse are you going to
offer?
--

73 de K2ASP - Phil Kane

From a Clearing in the Silicon Forest

Beaverton (Washington County) Oregon

e-mail: k2asp [at] arrl [dot] net


Phil Kane October 18th 11 09:59 PM

HOA and CC&R agreements.
 
On Tue, 18 Oct 2011 10:23:20 EDT, wrote:

So,
let's lobby our federal lawmakers to pass such a law. That's the way
the TV industry got the FCC to override CC&Rs and HOAs for TV
receiving antennas.


There has been a bill to that effect introduced in the last three (or
is it four now) sessions and it dies in committee. One of the
powerful leaders of the House is a ham. The League is on top of it.
Bottom line -- Money talks.
-- 73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net


Jeffrey Angus[_2_] October 18th 11 11:39 PM

HOA and CC&R agreements.
 
On 10/18/2011 3:55 PM, Phil Kane wrote:
Like I always say - when you get caught, what excuse are you going to
offer?


Like I tried to explain to a friend that lost, seriously, in court.
"We was robbed!" beats, "Oh, was this yours?" Every time.

Jeff

--
"Everything from Crackers to Coffins"


Bill Horne[_4_] October 19th 11 03:22 AM

HOA and CC&R agreements.
 
On 10/18/2011 4:59 PM, Phil Kane wrote:
On Tue, 18 Oct 2011 10:23:20 EDT, wrote:

So,
let's lobby our federal lawmakers to pass such a law. That's the way
the TV industry got the FCC to override CC&Rs and HOAs for TV
receiving antennas.


There has been a bill to that effect introduced in the last three (or
is it four now) sessions and it dies in committee. One of the
powerful leaders of the House is a ham. The League is on top of it.
Bottom line -- Money talks.


OK, I'm going to be the one who opens the box Pandora left lying around:
get ready for some fireworks.

I'm going to ask a serious, and seriously discomfiting, question -

Do Hams _DESERVE_ special treatment?

I'm not going to mince words: if we're going to overcome HOA/CC&R
restrictions, we need to have a real, believable, valid argument that
can convince legislatures and neighbors that we deserve it, and I can't
think of one: there are hams seriously dedicated to public service and
EmCom, but their numbers are small, and I don't think that hams have
enough of a claim on the government's pool of good will to warrant being
given special privileges to rescind contract provisions which we don't like.

I've written about this before, and it's as applicable to this debate as
to arguments about what frequency assignments we're "entitled to", or
being excepted from the laws against having a radio that can listen to
the police channels, or to getting a discount on vanity license plates.

I'm open to suggestions, but I don't see how ham radio can dig itself
out of the hole that changing technology and computer-synthesized
frequency-agile public safety radio networks have put us in.

* It's not enough to say that we know Morse code: even if it were still
required, it wouldn't be relevant.

*It's not enough to say that we know things that others don't: the
expertise which used to be required to make disparate networks and
radios inter-operate has been programmed into LSIC chips inside public
safety transceivers, and changing them to form a new team is a matter of
a few minutes time.

* It's not enough to claim that we can carry messages: public safety
agencies have had the capacity to communicate outside of disaster areas
for years, and "Heatlh and Welfare" traffic is a "feel good" capability
that doesn't translate into votes.

I'm not saying that ham radio is dead: that's not the question here. The
question is if "we" deserve special consideration from the government
because we're hams.

Look, guys, Pandora left a box behind!

Bill, W1AC

--
Bill Horne
(Filter QRM to email me directly)


John Davis October 24th 11 05:32 AM

HOA and CC&R agreements.
 
On 10/13/2011 5:29 PM, Jeffrey Angus wrote:
I see this month's edition of QST has yet another series of
articles on how to violate the terms of the contracts people
sign when they move into a housing development.

Jeff-1.0
wa6fwi


Personally.. I'm very much against those "Covenants" as they are
called.. I mean.. If I buy a plot of land.. Short of laws, it's MY
property. My Castle as it were. and the neighbors should not be able to
"outlaw" that which the city, county and state allow.

--
Nothing adds Excitement like something that is none of your business.

-----
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John Davis October 24th 11 05:33 AM

HOA and CC&R agreements.
 
On 10/15/2011 1:11 AM, Phil Kane wrote:
On Fri, 14 Oct 2011 12:21:06 EDT, Bill
wrote:

1. CC&R's or other homeowner agreements may or may not obligate
homeowner to avoid erecting separate antenna structures, but you don't
know that they specifically prohibit the use of concealed antennas for
amateur radio.


FCC rulings in several cases have held that HOA regulations or CC&Rs
can prohibit erection of antennas on property that they have
jurisdiction over, but only the FCC can determine who and where radio
transmitters can be operated.
-- 73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net



But unless the HOA or CC*R are made clear at time of purchase.. I mean
when I bought my house they gave me a pile of papers.. I'm not a
lwayer,, How do I ,now of there were any "restrictions" beyond city
ordinances and state law? (Actually... I did read them rather closely,
no restrictions)

But I also do my own taxes, Understand IBM owner's manuals and other
things that are not supposed to be possible for people at my level of
education.

--
Nothing adds Excitement like something that is none of your business.

-----
No virus found in this message.
Checked by AVG - www.avg.com
Version: 2012.0.1831 / Virus Database: 2092/4569 - Release Date: 10/23/11


Steve Bonine October 24th 11 04:27 PM

HOA and CC&R agreements.
 
On 10/18/11 9:22 PM, Bill Horne wrote:

I'm not saying that ham radio is dead: that's not the question here. The
question is if "we" deserve special consideration from the government
because we're hams.


I agree with your contention. No, ham radio is not dead . . . but we
cannot expect any special treatment based on knowledge or abilities that
we can provide. Part of this is progress in technology and part of it
is our own fault.

Developments in technology have reduced the need for what we can offer.
Mother Nature still reminds us that our fine technology is at her
pleasure, but not often. Hurricane Katrina illustrated the frailty of
modern communications, but it also illustrated how things have changed
in the role of ham radio in disasters. We no longer are a significant
carrier of health and welfare traffic.

There are groups that do a good job of public service and obtaining
recognition, but they're rare and getting rarer. The general public,
and by extension the legislators who make our laws, perceive ham radio
in the same way that they knew Citizens Band in its day, and that
perception is painfully accurate. If we don't provide a benefit to the
public, why should the public make any effort to reward us?

73, Steve KB9X


Phil Kane October 24th 11 07:37 PM

HOA and CC&R agreements.
 
On Mon, 24 Oct 2011 11:27:41 EDT, Steve Bonine wrote:

Hurricane Katrina illustrated the frailty of
modern communications, but it also illustrated how things have changed
in the role of ham radio in disasters. We no longer are a significant
carrier of health and welfare traffic.


Or a backup for public safety or other "commercial" communications.
--

73 de K2ASP - Phil Kane

From a Clearing in the Silicon Forest

Beaverton (Washington County) Oregon

e-mail: k2asp [at] arrl [dot] net


Phil Kane October 24th 11 07:45 PM

HOA and CC&R agreements.
 
On Mon, 24 Oct 2011 00:33:16 EDT, John Davis
wrote:

But unless the HOA or CC*R are made clear at time of purchase.. I mean
when I bought my house they gave me a pile of papers.. I'm not a
lwayer,, How do I ,now of there were any "restrictions" beyond city
ordinances and state law? (Actually... I did read them rather closely,
no restrictions)


It's called "due diligence" - determine what you are looking for and
see if it is (or is not) there or anywhere else.

With all due respect, if someone cannot do it for themself, they need
to have a professional such as your real estate agent or attorney do
it for them just as they have a professional do a title search.
-- 73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net


Phil Kane October 24th 11 07:56 PM

HOA and CC&R agreements.
 
On Mon, 24 Oct 2011 00:32:39 EDT, John Davis
wrote:

If I buy a plot of land.. Short of laws, it's MY
property.


Subject to any provisions or terms of the sale agreement. That's what
deed restrictions (CC&Rs) are all about.

I don't like deed restrictions that limit ham antennas, and I devote
my professional skills to assisting buyers to understand that they are
there and how they apply or don't apply to a ham antenna installation
before they finalize the purchase, but short of state or Federal
intervention, they are there.

In California we tried to have the courts invalidate them just as
racial restrictions are invalid, but the Court of Appeal said "no
way". Ditto for stretching PRB-1 to cover them. We tried...we
tried..... (the case was Hotz v Rich, 1992)
-- 73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net


Dave Platt October 24th 11 09:39 PM

HOA and CC&R agreements.
 
In article ,
Phil Kane wrote:

Hurricane Katrina illustrated the frailty of
modern communications, but it also illustrated how things have changed
in the role of ham radio in disasters. We no longer are a significant
carrier of health and welfare traffic.


Or a backup for public safety or other "commercial" communications.


I think that depends, to a very significant degree, on how well
organized and trained we are, and how well integrated with the local
emergency-response community.

A randomly-selected gang of hams, with their radios but with no
specific tranining or organization or ability to work as a group, is
not likely (in my opinion) to be very useful in times of emergency.
They won't know how to figure out what the local governments need in
terms of emergency communications, they won't know where to go or who
to talk with, they won't be set up with any sort of predictable
communications plan in advance, etc.

If they show up at the location of a disaster or emergency, they'll
probably be treated as "loose cannons" by the police, fire department,
other government representatives, etc. and asked to go away and let
the professionals do their job. At best they'll be treated like any
other "convergent volunteers" of unknown capability and reliability.

On the other hand... I believe that local ham groups, if well
organized and trained, working in close cooperation with local
governments and emergency-response teams, can be a very valuable
asset, and see as such by government organizations.

I have the good fortune to live in a city (and county) which has some
very effective arrangements of that sort. We *have* been called out
by the county on at least one occasion in the past few years, to serve
as backup communicators for the police/fire infrastructure (somebody
sabotaged several fiber-optic cables and knocked out all of the
telephones and cellphones in south Santa Clara County back in 2009).
I still have a very nice thank-you letter from the city manager of
Morgan Hill.

One area in which our service has been particularly useful to the
cities is our ability to act as "eyes and ears" during the first few
hours after a disaster. We can provide the city emergency manager
with a quick overview of damage (e.g. after an earthquake, or during a
winter storm with flooding) throughout the city, within 15 minutes or
so, via neighborhood walkthroughs and "windshield survey" drive-by
summaries. This helps the city figure out where their (strictly
limited) police and fire resources are best utilized. It would take
the city hours, if not days, to do this just with their own
personnel... and the city governments view this as a very valuable
service for us to provide.

If hams want to be treated as being worthy of some special treatment,
then I believe that this must be earned, through practical
demonstration and through active cooperation and training. It *can*
be done, but it doesn't come for free.

It's not the "ham radio" per se that's important (although the
privileges are very useful)... it's the fact that we're trained,
dependable communicators willing to serve.

--
Dave Platt AE6EO
Friends of Jade Warrior home page: http://www.radagast.org/jade-warrior
I do _not_ wish to receive unsolicited commercial email, and I will
boycott any company which has the gall to send me such ads!


Steve Bonine October 24th 11 11:41 PM

HOA and CC&R agreements.
 
On 10/24/11 3:39 PM, Dave Platt wrote:
In ,
Phil wrote:

Hurricane Katrina illustrated the frailty of
modern communications, but it also illustrated how things have changed
in the role of ham radio in disasters. We no longer are a significant
carrier of health and welfare traffic.


Or a backup for public safety or other "commercial" communications.


I think that depends, to a very significant degree, on how well
organized and trained we are, and how well integrated with the local
emergency-response community.


Agree completely. The "well integrated" part is especially important.
The relationships must be forged before the event.

I have the good fortune to live in a city (and county) which has some
very effective arrangements of that sort.


And I have the bad fortune to live in an area where the situation is
exactly the opposite. Perhaps I should be able to remedy this
situation, and I tried for a while but failed. I do not know whether
that failure is a result of my shortcomings, the local ham population,
or both.

We *have* been called out
by the county on at least one occasion in the past few years,


Our local emergency management people made a valiant effort to work with
the local radio club for several years, even to the point of holding
fundraisers to finance the local repeaters. Their thanks for that was a
failure to install the purchased gear and a lack of response when the
local club was called upon to assist with communications related to a
search operation. They learned; we taught them.

If hams want to be treated as being worthy of some special treatment,
then I believe that this must be earned, through practical
demonstration and through active cooperation and training. It *can*
be done, but it doesn't come for free.


Exactly. It takes good organizers and people who care. We are missing
one or both of those in this geographic area.

It's not the "ham radio" per se that's important (although the
privileges are very useful)... it's the fact that we're trained,
dependable communicators willing to serve.


One of the problems with the locals is that they expected exactly the
special treatment that they had not earned, acting like prima donnas.
They made it excruciatingly clear that the only task they would consider
was pure communications, and that it would be done on their terms.

73, Steve KB9X


Phil Kane October 25th 11 12:19 AM

HOA and CC&R agreements.
 
On Mon, 24 Oct 2011 16:39:32 EDT, (Dave Platt)
wrote:

We no longer are a significant carrier of health and welfare traffic.


Or a backup for public safety or other "commercial" communications.


I think that depends, to a very significant degree, on how well
organized and trained we are, and how well integrated with the local
emergency-response community.


I walk on both sides of the street on that one.

As an active member of the local ARES/RACES group, we are well
integrated with the state, county, city, and special district
governmental agencies and we train seriously for that purpose. I
personally am the co-station manager for the Disaster Communications
Team of the local med center, part of a group of NGO hospitals serving
this area.

Conversely, I am the VP-General Counsel and Engineering Manager of a
major consulting engineering firm specializing in public safety
communications. Our clients include major governmental agencies which
are heavily invested in redundancy and survivability of their own
systems to the point where they will not have to rely on outside
resources. We don't sell, install, or recommend equipment - we just
design and evaluate their systems and handle all the regulatory
process involved.

I'm just telling it as it is.
--

73 de K2ASP - Phil Kane

From a Clearing in the Silicon Forest

Beaverton (Washington County) Oregon

e-mail: k2asp [at] arrl [dot] net


Dave Platt October 25th 11 12:32 AM

HOA and CC&R agreements.
 

In article , Steve Bonine wrote:

One of the problems with the locals is that they expected exactly the
special treatment that they had not earned, acting like prima donnas.


That's not good, and I agree that it's a problem. That sort of
attitude can certainly generate some serious negative reactions on the
part of the full-time emergency response officials.

They made it excruciatingly clear that the only task they would consider
was pure communications, and that it would be done on their terms.


Well, in our training, we have been told that communications is all
we're supposed to do, when we're deployed. This is for two reasons:

(1) We may be the only effective communicators at a particular
location... that's what we're deployed to do. If we're asked to
(e.g.) direct traffic, we're not communicating, and not doing our
jobs.

[On the other hand, "communicator" is a very broad term. If we're
not needed 'on the air' we can be asked to carry messages back
and forth in person, or use the phone, or fax, or etc., or to
take a public-service radio rather than a ham radio... this is
all within our job scope.]

(2) We're covered under the California Disaster Service Worker program,
which gives us some liability protection and worker's-comp
coverage if we're injured (as I mentioned). The rules for this
program say that we're covered *only* when we're acting within the
scope of our assignment and within the scope of our training, and
are properly supervised.

If we start doing jobs for which we are not properly trained,
we're not covered, and are potentially liable for any damage or
harm that we do. If we go off on our own and are out of contact
with our supervisors (city or county), then we're not covered
(with the exception that a direct order from a sworn law
enforcement official takes priority).

--
Dave Platt AE6EO
Friends of Jade Warrior home page: http://www.radagast.org/jade-warrior
I do _not_ wish to receive unsolicited commercial email, and I will
boycott any company which has the gall to send me such ads!


Patty Winter October 25th 11 04:35 AM

HOA and CC&R agreements.
 

In article , Steve Bonine wrote:

Developments in technology have reduced the need for what we can offer.
Mother Nature still reminds us that our fine technology is at her
pleasure, but not often. Hurricane Katrina illustrated the frailty of
modern communications, but it also illustrated how things have changed
in the role of ham radio in disasters.


At a panel discussion about the future of amateur radio at Pacificon
(the ARRL Pacific Division convention) a couple of weeks ago, I was
struck by the fact that all four speakers--including officials well
informed about both national and international trends--said that
hams will soon play almost no role in disaster communications. I knew
that other services were getting stronger, but I didn't realize that
the prospects were going to change that dramatically for us that soon.
One person (Chris Imlay?) did mention some nice words from the director
of FEMA, which I found he

http://www.arrl.org/news/fema-admini...ine-of-defense

But there was also discussion of satellite phones that can be set up
in minutes basically by pressing a button, and of on-the-fly data
networks.

From what I heard at the convention, the best hope for helping amateur

radio thrive is getting back to its roots of innovation--in particular,
by getting hams involved with the Maker movement (and vice versa). In
fact, I think the League has something up its sleeve about that. If it
works, it could help keep us in the good graces of those who dish out
frequencies and make rules about antennas.


Patty
N6BIS


Bill Horne[_4_] October 26th 11 02:18 AM

HOA and CC&R agreements.
 
On 10/24/2011 11:35 PM, Patty Winter wrote:
In , Steve wrote:

Developments in technology have reduced the need for what we can offer.
Mother Nature still reminds us that our fine technology is at her
pleasure, but not often. Hurricane Katrina illustrated the frailty of
modern communications, but it also illustrated how things have changed
in the role of ham radio in disasters.


At a panel discussion about the future of amateur radio at Pacificon
(the ARRL Pacific Division convention) a couple of weeks ago, I was
struck by the fact that all four speakers--including officials well
informed about both national and international trends--said that
hams will soon play almost no role in disaster communications. I knew
that other services were getting stronger, but I didn't realize that
the prospects were going to change that dramatically for us that soon.
[snip]
But there was also discussion of satellite phones that can be set up
in minutes basically by pressing a button, and of on-the-fly data
networks.


The hardest part of keeping our hobby relevant is that we must admit
there is sometimes nothing we can do. Elected officials are much more
likely to spend money for commercial solutions recommended by their
subordinates, than for a volunteer force they cannot quantify or inventory.

Sometimes we get help from emergency responders: municipal budget
battles are harder-fought now, and civil servants are more receptive to
the idea of "free" help, but hams have to be realistic about what is
possible and what is not, and there are too many among us (I was once
one) who feel that we're an irreplaceable link in a communications chain
that no longer exists. It's up to us to adapt to the system that is in
use now, and to become a part of that system which its "owners" grow to
depend on. Once we earn that trust, we'll have allies in higher places,
but there's a lot of catching up to do before that happens.

From what I heard at the convention, the best hope for helping amateur
radio thrive is getting back to its roots of innovation--in particular,
by getting hams involved with the Maker movement (and vice versa). In
fact, I think the League has something up its sleeve about that. If it
works, it could help keep us in the good graces of those who dish out
frequencies and make rules about antennas.


I know little about the "Maker movement": according to Wikipedia, it's a
Do-It-Yourself paradigm that has a magazine at its center. I applaud the
concept, but I'm old enough to be cautious when counting chickens that
haven't yet hatched, and I hope that those in charge of keeping our
society intact after a disaster are hard-nosed about what is possible
and what is not.

As much as I might like to fantasize about being the ham who saves the
day by making a homebrew rig work with homemade batteries, I know that
the last thing any disaster preparedness professional wants is a single
point of failure, be it man or machine. It's nice to watch someone make
a cabinet on TV and think "I could do that", but it's quite another to
hold a router or to arrange a dovetail fence: it's important to have a
"can do" attitude, but we need to bring "we already did that" experience
to the table as well.

In the past, long-distance disaster communications meant you had to have
ham operators. Those days are gone: planning or preparing for a day when
hams have to do-it-all-ourselves is self-defeating, because it invites
both criticism of our capabilities and hard questions about whether
we're trying to be members of a team or "Lone Rangers" out to grab a lot
of glory and ride off into the sunset.

I'm sorry to be so blunt, but I think our hobby is still in the "Denial"
phase of dealing with this crisis. We need to accept that the
communications world has changed, and adapt ourselves to the current
technologies and the current methods before we'll be taken seriously again.

Bill, W1AC

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


Jeffrey Angus[_2_] October 26th 11 04:13 AM

HOA and CC&R agreements.
 
On 10/25/2011 8:18 PM, Bill Horne wrote:

In the past, long-distance disaster communications meant you had to have
ham operators. Those days are gone:


As I see how Amateurs are currently looked at by public safety people:

The cost, both in materials and in time for public safety spectrum
is very high. The amateur bands are a ready pool of "FREE spectrum"
if it's approached correctly.

The same holds true for full time employees for "just in case."
And Amateurs are a ready pool of "FREE employees" as the need
arises.

Now, here's where the problem lies.

ESPECIALLY in the event of an emergency. The health and law
enforcement types do NOT want some fool running around thinking
he's a cop. (Or a paramedic). Nor do they want to deal with some
buffoon that's really proud of the "kit" he's thrown together
out of cobbled swap meet leftovers. And they most certainly do
NOT want people with ego problems.

What they want are people that follow instructions, that have
RELIABLE equipment and if it's a group of people, that
they can all work together as a team.

Jeff-1.0
wa6fwi

--
"Everything from Crackers to Coffins"


Patty Winter October 26th 11 05:48 AM

HOA and CC&R agreements.
 

In article , Bill Horne wrote:
On 10/24/2011 11:35 PM, Patty Winter wrote:

From what I heard at the convention, the best hope for helping amateur
radio thrive is getting back to its roots of innovation--in particular,
by getting hams involved with the Maker movement (and vice versa). In
fact, I think the League has something up its sleeve about that. If it
works, it could help keep us in the good graces of those who dish out
frequencies and make rules about antennas.


I know little about the "Maker movement": according to Wikipedia, it's a
Do-It-Yourself paradigm that has a magazine at its center.


I think there is a magazine, but the heart of the movement is the
independent workshops across the country. My friend Wayne, KH6WZ,
had an interesting article about the Maker community and its
implications for amateur radio in last May's _CQ_.


As much as I might like to fantasize about being the ham who saves the
day by making a homebrew rig work with homemade batteries,


I was changing subjects there. I wasn't talking about the Maker
community in regards to emergency communications, but rather to
technical innovation. As I noted, we're needed less and less in
the former, but I think we still have a lot to offer for the latter.


I'm sorry to be so blunt, but I think our hobby is still in the "Denial"
phase of dealing with this crisis. We need to accept that the
communications world has changed, and adapt ourselves to the current
technologies and the current methods before we'll be taken seriously again.


It's happening. We've got people in the amateur radio community who
are professionals in developing networking protocols, weak-signal
detection software, etc. etc. They're developing software for amateur
radio as well as commercial and research applications. Other hams can
get involved with projects like those.


Patty


Phil Kane October 26th 11 06:00 AM

HOA and CC&R agreements.
 
On Tue, 25 Oct 2011 23:13:07 EDT, Jeffrey Angus
wrote:

What they want are people that follow instructions, that have
RELIABLE equipment and if it's a group of people, that
they can all work together as a team.


Add to that individuals or a team that has been trained in the needs
of that agency and been vetted by the agency as suitable. As I keep
saying, no one gets into our EOC without agency ID.
--

73 de K2ASP - Phil Kane

From a Clearing in the Silicon Forest

Beaverton (Washington County) Oregon

e-mail: k2asp [at] arrl [dot] net


Michael J. Coslo October 26th 11 02:50 PM

HOA and CC&R agreements.
 
On Oct 24, 2:37 pm, Phil Kane wrote:
On Mon, 24 Oct 2011 11:27:41 EDT, Steve Bonine wrote:
Hurricane Katrina illustrated the frailty of
modern communications, but it also illustrated how things have changed
in the role of ham radio in disasters. We no longer are a significant
carrier of health and welfare traffic.


Or a backup for public safety or other "commercial" communications.


(The following, while just opinion, is probably a major heresy.)

And that minor role is just fine. in the last ten years or so, there
has been a major attempt to mutate amateur radio into some sort of
official adjunct to emergency communications.

And let's just say it has had mixed success. We were looking at
background checks, including financial. While the financial part was
dropped, it surely set the tone. The emergency types came in fast and
hard, and they had no illusions that Amateur Radio was anything else
but emergency ops - and if grudging acceptance was afforded,
acknowledged that some Hams messed with unimportant stuff like
contesting, DX, ane electronic design. But they "knew" exactly what
Ham radio was for, and I always caught the undercurrent that they
thought most of us were a bit foolish. We still get a lot of that in
the discourse. I sat at meetings where some guy from some emergency
outfit comes in and tells us that since by nature, everything they do
is a matter of life and death, therefore it's always an emergency,
that they have unrestricted priority over our repeater system.
Basically that our repeater system was now theirs. He was wrong of
course, but that's my point. There are people out there who think that
way.

A local Ham wastrying for a radio check to see if his HT was making
it into one of our repeater satellite voting relays a few weeks ago.
One of the emergency Op types came back to him, and told him he was
coming in okay. Then the testing Ham moved, and his signal got a
little scratchy. The EO guy noted the dropoff in clarity, the testing
Ham said that it was just his HT he had in case of emergencies. Well,
that started the ball rolling. The Emergency guy starts to deliver a 5
minute lecture to the other Ham about how people shouldn't be using
HT's for much of anything. The testing Ham noted that he already had a
sufficiently powerful setup. But the Emergency Op wasn't done yet. He
went on another tirade noting that although he'd only been a Ham for a
very short time, his job was to show other Hams that they were
technically pretty backwards, and even the older Hams, because it was
his "experience" that older Hams just didnn't keep up. He ended with
some bizarre comment about how he thinks that his pointing out other
peoples shortcomings makes the world a better place. I thought I'd
have a little fun with him. I called in, and noted that it was good to
have a technically astute Ham on the air, then tried to involve him in
a discussion of the technical aspects of our repeater. Turned out the
limits of his techical abilities were to get a 50 watt radio, put up a
J-Pole, and mash the PTT button. But we can compre anecdotes all day.

Then emergency employees were getting technician licenses as an end-
around to get employees using the radio instead of volunteers.
Unfortunately, many of the employees thought that the amateur
frequencies were a sort of back channel for their use. Many were
disappointed to find that we had some rules and restrictions.

As far as I am concerned, the role of Hams in an emergency situation
is that if there is a Ham in the area where the disaster is, he or she
might use their station to relay messages into areas that might be
coordinating help. That's enough.

The idea that we provide someone to fill a seat at an EC is sort of
illogical anyhow. Why would the EC not have a trained professional in
that seat? Are all the others there unpaid volunteers? If I were
running one of these places, I'd have someone filling that seat that I
was a supervisor over.


No Name October 26th 11 05:17 PM

HOA and CC&R agreements.
 
On Mon, 24 Oct 2011 16:39:32 EDT, (Dave Platt)
wrote:

I have the good fortune to live in a city (and county) which has some
very effective arrangements of that sort. We *have* been called out
by the county on at least one occasion in the past few years, to serve
as backup communicators for the police/fire infrastructure (somebody
sabotaged several fiber-optic cables and knocked out all of the
telephones and cellphones in south Santa Clara County back in 2009).
I still have a very nice thank-you letter from the city manager of
Morgan Hill.


My ARES/RACES group also has a good relationship with our county.
I live in Nye County, NV, third largest county area-wise in the
contiguous USA (18,159 square miles, larger than a couple of US
states), but with very low population (43,946). Our ARES/RACES group
is well integrated with the county Emergency Management Department.
And we have proven our worth: A few winters ago in January, our
largest town Pahrump (pop: 36,441) experienced a town-wide electric
outage that lasted for over 12 hours after some hunters shot down the
main transmission line into town. The communications systems of the
sheriff, fire department, and even the electric company ran on AC
power with no backup. ARES was asked to step in. We shadowed
officials and manned emergency shelters using our battery- and
solar-powered radios and repeater to reestablish communications.

In other joint exercises, we have shown that we could get a message
through when they couldn't.

The county even buys us radio equipment. Three VHF/UHF and one HF
transceivers along with antennas at the main Emergency Operations
Center (EOC) in Pahrump, as well as in 2 other smaller towns. Our two
mountain-top repeaters are located in the county's equipment shelters
and use their towers.

They let us use the training room in the EOC for our meetings and
training. And we do train regularly. We also hold our Amateur radio
exam sessions in that room. The ARES Emergency Coordinator and his
assistant have keys to the building.

And, getting back to our original topic of HOAs and CC&Rs, most of our
the developments are free of any restrictions on ham antennas. Mostly,
they just deal with set-backs and minimum size of structures. Another
good reason to live in a rural community!

Dick Grady, AC7EL


Dave Platt October 26th 11 07:59 PM

HOA and CC&R agreements.
 
In article ,
Jeffrey Angus wrote:

Now, here's where the problem lies.

ESPECIALLY in the event of an emergency. The health and law
enforcement types do NOT want some fool running around thinking
he's a cop. (Or a paramedic). Nor do they want to deal with some
buffoon that's really proud of the "kit" he's thrown together
out of cobbled swap meet leftovers. And they most certainly do
NOT want people with ego problems.

What they want are people that follow instructions, that have
RELIABLE equipment and if it's a group of people, that
they can all work together as a team.


Yup. That's how I see it from here.

One of the big changes in the emergency-response community, over the
past couple of decades, has been the development of some standardized
organization techniques for emergency responders. As I understand it,
a lot of these changes grew out of what was learned in California
during the response to the Oakland Hills fire in 1991. To put it
simply, that event was a Charlie Foxtrot - lots of official emergency
responders were activated, from a large number of jurisdictions, and
they had a *terrible* time working together under emergency conditions.

This was due to a number of factors. Different jurisdictional groups
(e.g. city fire, county fire, state, etc.) had different
organizational structures (who-reports-to-whom) with different job
titles and job descriptions, they referred to their firefighting
equipment with different terms (or sometimes with the same term, which
meant very different things to different groups), and they had no
agreement in advance as to who would be commanding whom. There were
multiple different chains-of-command, with each new group trying to
coordinate itself with numerous others. Add a large dash of
"incompatible radio systems and protocols" to this, and what resulted
was a recipe for serious confusion and ineffective use of resources.
I believe it's generally accepted that people died unnecessarily,
because the emergency responders weren't able to work together as
efficiently as was needed.

What has come out of this is a reliance on the Incident Command System
structure (California has its Standardized Emergency Management System
variant, and the Feds have the National Incident Management System).
A big part of this involves using a standard command-and-reporting
structure, and standardized (pre-defined) sets of resources, which can
include communications teams. This way, if one jurisdiction needs
some communicators, they can ask another jurisdiction for one or more
teams of various types, and have confidence that they can know the
capabilities and limits of those teams pretty reliably.

Around our county, anybody who wants to be part of ARES/RACES, and
actually be deployable even in their own local jurisdiction, is
expected/required to be trained in ICS (we have some state-certified
instructors who teach classes periodically). Anyone who wants to be
deployable outside their own city (a "Mutual Aid Communicator") has to
take further instruction in ICS and emergency response (FEMA has some
good on-line courses, available for free) and must be qualified by
their city EC as having sufficient training and experience, and a
suitable "Go Kit" of radio equipment and personal supplies to allow
for safe and successful deployment.

We've got an advanced training program for our MACs, in which they can
demonstrate their qualification for specific sorts of deployment...
Field assignment, Net Control positions, Shadowing, Packet, and so
forth.

As a result, if a city asks for communication aid, and says that they
need field operators for deployment at a dozen shelters and fire
stations, and Net Control operators for two or three tactical and
resource nets, we can deploy people that we *know* can do the job
(individually and as part of a team), because they've already
demonstrated that ability. The various city and county Emergency
Managers appreciate this!

Hams who show up "spontaneously", during an emergency, saying "I have
a radio and I want to help"... well, most likely they'll be treated
like any other volunteer of unknown capabilities and reliability.
They'll be sent down the street to the "convergent volunteer" center
for classification and possible assignment, just like any other
helpful citizen who showed up and (e.g.) offered to fill sand-bags
during a flood. If we don't know them, we can't depend on them in a
pinch.

At best, they might be sent out as a secondary-support operator, to
serve alongside one or more trained and qualified team members. In
our city, at least, we would *not* send out an unknown operator by
him/herself.

All of this organization and training takes work - often a lot of it -
well in advance of any emergency. If we want to actually be
effective, and able to help, it's *necessary*.

http://www.scc-ares-races.org/ has a lot of information on our
programs... the "Mutual Aid Communicator" pages probably have the best
discussion of our training process.

--
Dave Platt AE6EO
Friends of Jade Warrior home page: http://www.radagast.org/jade-warrior
I do _not_ wish to receive unsolicited commercial email, and I will
boycott any company which has the gall to send me such ads!


Phil Kane October 26th 11 11:53 PM

HOA and CC&R agreements.
 
On Wed, 26 Oct 2011 14:59:46 EDT, (Dave Platt)
wrote:

Hams who show up "spontaneously", during an emergency, saying "I have
a radio and I want to help"... well, most likely they'll be treated
like any other volunteer of unknown capabilities and reliability.
They'll be sent down the street to the "convergent volunteer" center
for classification and possible assignment, just like any other
helpful citizen who showed up and (e.g.) offered to fill sand-bags
during a flood. If we don't know them, we can't depend on them in a
pinch.


That's how we look at it here. Our ARES/RACES team is set up with a
"Resource Net" frequency. We send then there. If they show up in
person, they can't get into the radio room anyhow.

The hospital is a little more direct - "drop-ins" get assigned to the
"Labor Pool" which supplies "helping hands" - but not radio people. We
have exclusive control over that, and have no time to teach them what
channels we use for what and how to pass specific traffic - the NTS
net it is not. We can do that because we don't deploy operators in
the field.
--

73 de K2ASP - Phil Kane

From a Clearing in the Silicon Forest

Beaverton (Washington County) Oregon

e-mail: k2asp [at] arrl [dot] net



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