Re: [Elecraft] HAM GATHERING SIGNATURES ON PETITION TO VOID ANTENNA PROHIBITIONS

2012-04-23 Thread Kevin Cozens
On 12-04-23 01:44 PM, Allen Brier N5XZ wrote:
 This, in an attempt to get the regulatory agency to void antenna
 prohibitions by developers and Home Owners Associations. EP2C8Q208C8N

It would also help to pass along information about antenna use in relation 
to amateur radio to the developers and Home Owners Associations to point out 
they are trying to restrict something that is licensed at a federal level. A 
lot (most?) of local antenna restrictions were to originally to stop the 
sprouting up of TV antennas that could spoil the look of a neighbourhood.

-- 
Cheers!

Kevin.

http://www.ve3syb.ca/   |Nerds make the shiny things that distract
Owner of Elecraft K2 #2172  | the mouth-breathers, and that's why we're
 | powerful!
#include disclaimer/favourite | --Chris Hardwick
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Re: [Elecraft] HAM GATHERING SIGNATURES ON PETITION

2012-04-23 Thread Joe Subich, W4TV

  this is a waste of time as they (FCC) have no jurisdiction over local
  laws which differ from community to community.

That is not true.  Several years ago the FCC's OTARD (over the air
reception device) ruling overturned restrictions against television
antennas, satellite dishes, wireless internet antennas, etc.  The
FCC (and any federal agency) has the authority to preempt private
contracts (and land use restrictions) when they are contrary to public
policy).

73,

... Joe, W4TV


On 4/23/2012 2:45 PM, ron wrote:


 RADIO LAW: HAM GATHERING SIGNATURES ON PETITION TO VOID ANTENNA PROHIBITIONS

 this is a waste of time as they (FCC) have no jurisdiction over local
 laws which differ from community to community.

 72,
 Ron, wb1hga


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Re: [Elecraft] HAM GATHERING SIGNATURES ON PETITION

2012-04-23 Thread Phil Kane
On 4/23/2012 11:45 AM, ron wrote:
 

 RADIO LAW: HAM GATHERING SIGNATURES ON PETITION TO VOID ANTENNA PROHIBITIONS
 
 this is a waste of time as they (FCC) have no jurisdiction over local 
 laws which differ from community to community.

Actually the FCC does have jurisdiction over local lawsthat's what
PRB-1 is all about.  The situation here is jurisdiction over
unreasonable private land use contract restrictions, commonly known as
CCRs,not local laws.

I am an attorney who deals with that professionally.  I'll be glad to
post info about what is going on if the moderators feel that it is
worthwhile.  There's a lot of misinformation floating around right now.

---
73 de K2ASP - Phil Kane
Elecraft K2/100   s/n 5402

ARRL Volunteer Counsel

From a Clearing in the Silicon Forest
Beaverton (Washington County) Oregon
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Re: [Elecraft] HAM GATHERING SIGNATURES ON PETITION

2012-04-23 Thread Scott Manthe
While that may be true in some kind of libertarian fantasy land, in 
reality the FCC (through PRB-1) and the rest of the federal government 
has a wide range of authority which can impact (or invalidate) local 
laws. This is why one can't legally buy a newly manufactured machine gun 
in any state, or start a marijuana commune, even in states where the 
cannabis has been decriminalized.

That the FCC has chosen not to enforce PRB-1 doesn't mean that the 
agency doesn't have the authority to do so. The current administration 
seems to have a more traditional view of the FCC's place  in the 
regulatory landscape than has been the case since Reagan.

73,
Scott, N9AA


On 4/23/12 2:45 PM, ron wrote:
 RADIO LAW: HAM GATHERING SIGNATURES ON PETITION TO VOID ANTENNA PROHIBITIONS
 this is a waste of time as they (FCC) have no jurisdiction over local
 laws which differ from community to community.

 72,
 Ron, wb1hga


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Re: [Elecraft] HAM GATHERING SIGNATURES ON PETITION TO VOID ANTENNA PROHIBITIONS

2012-04-23 Thread David Christ
I'll not disagree with you but my view is more cynical.  It's all 
about the money.  From what I see, many of the things in CCRs are 
put there by the developer to ensure no one does anything to reduce 
his ability to sell units for top dollar.  Things like permitted 
colors, no cars parked outside, no chain link fences, no split level 
and on and on.  Since most people are not affected by these they 
willingly accept them.  Once in place no Association is willing to 
change them for fear of reducing values.  Since they are so prevalent 
in new developments and have been for many years it has the effect of 
red lining for hams.

My views - your delete key

David  K0LUM

At 2:36 PM -0400 4/23/12, Kevin Cozens wrote:
A
lot (most?) of local antenna restrictions were to originally to stop the
sprouting up of TV antennas that could spoil the look of a neighbourhood.
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Re: [Elecraft] HAM GATHERING SIGNATURES ON PETITION

2012-04-23 Thread Barry LaZar
PRB-1 is not a law. It was a recommendation to local jurisdictions that 
they allow reasonable antenna accommodation for ham radio. When the FCC 
acted to allow antennas for satellite TV, the commission chose not to 
include ham radio.

In recent years, ham radio has proven itself so useful/helpful during 
disasters that apparently the commission has chosen to review its past 
decision. I'm not aware of what kicked this off, but it sure is about time.

73,
Barry

On 4/23/2012 3:26 PM, Scott Manthe wrote:
 While that may be true in some kind of libertarian fantasy land, in
 reality the FCC (through PRB-1) and the rest of the federal government
 has a wide range of authority which can impact (or invalidate) local
 laws. This is why one can't legally buy a newly manufactured machine gun
 in any state, or start a marijuana commune, even in states where the
 cannabis has been decriminalized.

 That the FCC has chosen not to enforce PRB-1 doesn't mean that the
 agency doesn't have the authority to do so. The current administration
 seems to have a more traditional view of the FCC's place  in the
 regulatory landscape than has been the case since Reagan.

 73,
 Scott, N9AA


 On 4/23/12 2:45 PM, ron wrote:
 RADIO LAW: HAM GATHERING SIGNATURES ON PETITION TO VOID ANTENNA PROHIBITIONS
 this is a waste of time as they (FCC) have no jurisdiction over local
 laws which differ from community to community.

 72,
 Ron, wb1hga


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Re: [Elecraft] HAM GATHERING SIGNATURES ON PETITION

2012-04-23 Thread Tony Estep
On Mon, Apr 23, 2012 at 2:09 PM, Joe Subich, W4TV li...@subich.com wrote:


 ...Several years ago the FCC's OTARD (over the air
 reception device) ruling overturned restrictions against television
 antennas, satellite dishes, wireless internet antennas, etc.  The
 FCC (and any federal agency) has the authority..

==
Yep. This has been the case for many years and QST has reports frequently
about this or that case wherein a ham's attorney has used the federal
regulation to overturn some local law and allow antenna construction. The
ARRL has an in-house legal adviser to help hams use the federal regs for
this purpose.

The specific purpose of at least one currently proposed petition is to
strengthen the existing protection that hams are supposed to have against
local legislation, by citing specific instances in which a ham's inability
to put up an antenna was deemed to have prevented effective emergency
communications. Our DX club recently asked members to send in specific
examples of this sort of clash, if they know of any.

Tony KT0NY

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Re: [Elecraft] HAM GATHERING SIGNATURES ON PETITION

2012-04-23 Thread Ray Sills
Hi Joe:

My HOA had to add an addendum to it's rules to accommodate the use of  
a dish up to 1 meter in diameter, per the FCC ruling.  Prior to that,  
the rules only permitted a dish up to 18 in diameter.  Federal law  
will always pre-empt state or local laws, including CCRs.

73 de Ray
K2ULR

On Apr 23, 2012, at 3:09 PM, Joe Subich, W4TV wrote:


 this is a waste of time as they (FCC) have no jurisdiction over local
 laws which differ from community to community.

 That is not true.  Several years ago the FCC's OTARD (over the air
 reception device) ruling overturned restrictions against television
 antennas, satellite dishes, wireless internet antennas, etc.  The
 FCC (and any federal agency) has the authority to preempt private
 contracts (and land use restrictions) when they are contrary to  
 public
 policy).

 73,

 ... Joe, W4TV


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Re: [Elecraft] HAM GATHERING SIGNATURES ON PETITION TO VOID ANTENNA PROHIBITIONS

2012-04-23 Thread Grant Youngman

On Apr 23, 2012, at 2:31 PM, David Christ wrote:

 Once in place no Association is willing to 
 change them for fear of reducing values.  Since they are so prevalent 
 in new developments and have been for many years it has the effect of 
 red lining for hams.

My experience with these things, is that it ends up having virtually nothing to 
do with home values.  The typical no radio transmitters allowed clauses would 
ban garage door openers, cell phones, and Wifi, but they don't of course.  HA's 
bring out the worst in the power hungry individuals and control freaks who 
typically populate them, and who would be happy to foreclose on your house 
because the color of your awnings offend them personally.

I'd love to see the FeeCee tell these groups to pound sand.  As much as we 
scream about freedom, we seem to be willing to give it up anytime time 
abrogation is offered.   I suspect the NRA would be willing to go broke 
supporting any homeowner who wanted to put a 16 gun turret on his roof as a 
2nd Amendment right, but of course an antenna of any kind is a problem :)

(I suspect this is going to hit end of thread any minute):)
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Re: [Elecraft] HAM GATHERING SIGNATURES ON PETITION TO VOID ANTENNAPROHIBITIONS

2012-04-23 Thread Mike Sanders
I live out of town on 40 acres. My two towers are in easy view of a state
highway out front. They can be seen for over a mile. Around here my
towers and antennas are landmarks. It's nice to have a little antenna
farm and have it appreciated by others...8)
Used to live in a sub division that had a nuisance ordinance. They
were up in arms about a little 40 foot Rohn with a tribander and couple
v/uhf antennas above. The crack pro next door who was in and out
her place all night long with various johns was obviously not as much
a nuisance as I was. Not to mention her brother who was arrested 26
times in one year. The cops were there a few times a month for one
thing or another. Amazing how these control freaks disappear when
something really unsavory shows up. One of the freaks called me
out one night with a pistol in his back pocket. A brief conversation
with him resulted in me not getting shot and him never getting very
close to me again..8)
I truly sympathize with those fighting antenna restrictions. I lived that
life most of mine. Now I consider myself a lucky guy. My closest
neighbor is just over a quarter mile away. And what great folks they
are.  GL es 73 all.



Mike Sanders
KOAZ





-Original Message-
From: elecraft-boun...@mailman.qth.net
[mailto:elecraft-boun...@mailman.qth.net]On Behalf Of Grant Youngman
Sent: Monday, April 23, 2012 15:00 PM
To: Elecraft List
Subject: Re: [Elecraft] HAM GATHERING SIGNATURES ON PETITION TO VOID
ANTENNAPROHIBITIONS



On Apr 23, 2012, at 2:31 PM, David Christ wrote:

 Once in place no Association is willing to
 change them for fear of reducing values.  Since they are so prevalent
 in new developments and have been for many years it has the effect of
 red lining for hams.

My experience with these things, is that it ends up having virtually nothing
to do with home values.  The typical no radio transmitters allowed clauses
would ban garage door openers, cell phones, and Wifi, but they don't of
course.  HA's bring out the worst in the power hungry individuals and
control freaks who typically populate them, and who would be happy to
foreclose on your house because the color of your awnings offend them
personally.

I'd love to see the FeeCee tell these groups to pound sand.  As much as we
scream about freedom, we seem to be willing to give it up anytime time
abrogation is offered.   I suspect the NRA would be willing to go broke
supporting any homeowner who wanted to put a 16 gun turret on his roof as a
2nd Amendment right, but of course an antenna of any kind is a problem :)

(I suspect this is going to hit end of thread any minute):)
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-
No virus found in this message.
Checked by AVG - www.avg.com
Version: 10.0.1424 / Virus Database: 2411/4954 - Release Date: 04/23/12

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Re: [Elecraft] HAM GATHERING SIGNATURES ON PETITION TO VOID ANTENNA PROHIBITIONS

2012-04-23 Thread Steve Reed
The CCRs that are effectively shutting down Amateur Radio in many
residential areas desperately need to be superseded by the FCC.  I would
also add that although towers and beams are nice, they really aren't
necessary for effective communication and in some situations aren't
advisable.  In my neighborhood, for example, high winds and the proximity
of other homes are enough to keep a tower off my my wish list -- the
liability alone would keep me up at night.  What the CCRs lack is
reasonable accommodation -- for example, I could easily string up a
multiband wire antenna across the back of my house and it wouldn't even
remotely be an eyesore.  Or I could use a ground-mounted vertical.  Or
both.  But under the present set of circumstances, I have to hide the fact
that I'm a ham in order to keep from being severely penalized by the HOA
nannies.

I really hope the FCC finally mans up and does something about the CCR
problem.  There have been efforts to fix this at the state level, and most
of those fail.  A federal mandate is what is needed!

Steve, AI7AZ
Vail, AZ

On Mon, Apr 23, 2012 at 12:59 PM, Grant Youngman n...@tx.rr.com wrote:


 On Apr 23, 2012, at 2:31 PM, David Christ wrote:

  Once in place no Association is willing to
  change them for fear of reducing values.  Since they are so prevalent
  in new developments and have been for many years it has the effect of
  red lining for hams.

 My experience with these things, is that it ends up having virtually
 nothing to do with home values.  The typical no radio transmitters
 allowed clauses would ban garage door openers, cell phones, and Wifi, but
 they don't of course.  HA's bring out the worst in the power hungry
 individuals and control freaks who typically populate them, and who would
 be happy to foreclose on your house because the color of your awnings
 offend them personally.

 I'd love to see the FeeCee tell these groups to pound sand.  As much as we
 scream about freedom, we seem to be willing to give it up anytime time
 abrogation is offered.   I suspect the NRA would be willing to go broke
 supporting any homeowner who wanted to put a 16 gun turret on his roof as
 a 2nd Amendment right, but of course an antenna of any kind is a problem :)

 (I suspect this is going to hit end of thread any minute):)
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Re: [Elecraft] HAM GATHERING SIGNATURES ON PETITION

2012-04-23 Thread Jim Lowman
Thanks for jumping in, Phil.

I did not respond with comments because these private contracts do not 
affect me - yet.
This is an established neighborhood with no HOA or CCRs, so no problem 
putting up antennas.
In fact, my neighbor to the west is also a ham and has higher VHF 
antennas than I have HF antennas.
Also, I do not currently participate in emergency communications.

However, It's almost impossible to buy a new home, or a home that was 
built in the last several years, without running into this restriction.

I've never quite understood why these restrictions don't expire when all 
of the homes in a given development have passed ownership from the 
developer to the individual homeowners.
That is, in absence of a HOA.

73 de Jim - AD6CW

On 4/23/2012 12:18 PM, Phil Kane wrote:
 Actually the FCC does have jurisdiction over local lawsthat's what 
 PRB-1 is all about. The situation here is jurisdiction over 
 unreasonable private land use contract restrictions, commonly known as 
 CCRs,not local laws. I am an attorney who deals with that 
 professionally. I'll be glad to post info about what is going on if 
 the moderators feel that it is worthwhile. There's a lot of 
 misinformation floating around right now. --- 73 de K2ASP - Phil Kane 
 Elecraft K2/100 s/n 5402 ARRL Volunteer Counsel From a Clearing in 
 the Silicon Forest Beaverton (Washington County) Oregon 
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Re: [Elecraft] HAM GATHERING SIGNATURES ON PETITION TO VOID ANTENNA PROHIBITIONS

2012-04-23 Thread Tony Estep
On Mon, Apr 23, 2012 at 4:10 PM, Steve Reed ai...@arrl.net wrote:

 ...What the CCRs lack is reasonable accommodation -- for example, I
 could easily string up a
 multiband wire antenna...


I'm sure all hams would agree with Steve. A clarification of the existing
regs would give hams much more leverage in attempts to cram down a
reasonable accommodation over the objections of local officials. Some
have succeeded, and whenever one does QST crows about it -- but many have
failed.

My town is kinda snooty but there have been some hams on zoning boards etc
and a precedent was established a long time ago that antennas are okay if
they aren't too obtrusive (whatever that may mean). My solution was to
mount a hex-beam on my chimney. It's hardly visible from the road. In
general, antennas mounted on a house seem to be out of the purview of the
vigilantes. Some of my buddies even have roof tripods and tri-banders. If
some standard could be set so that every ham could have the same rights we
enjoy here, 'twould be a consummation devoutly to be wished.

Tony KT0NY


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Re: [Elecraft] HAM GATHERING SIGNATURES ON PETITION

2012-04-23 Thread Ron D'Eau Claire
My XYL is a real estate broker here in Oregon and one of the things most
often found on a buyer's must have list for a home is *NO HOA*. 

As a result, HOA's here tend to bring down the value of a property. 

CCRs (Covenants, Conditions and Restrictions on what you can do with
property you buy) may exist even with no HOA. They often have expiration
dates written into them, and they are frequently voided by state and federal
laws. For example, I once owned a home built in the 1920's whose CCRs
included a prohibition from hanging my laundry out on a clothesline on
Sundays. Having no clothesline I didn't test it.

Anyone owning or contemplating owning property should know what CCRs are
attached to it or if there are none. If your Realtor isn't helpful, contact
the company who insured your title to the property.

73, Ron AC7AC


-Original Message-

However, It's almost impossible to buy a new home, or a home that was built
in the last several years, without running into this restriction.

I've never quite understood why these restrictions don't expire when all of
the homes in a given development have passed ownership from the developer to
the individual homeowners.
That is, in absence of a HOA.

73 de Jim - AD6CW

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Re: [Elecraft] HAM GATHERING SIGNATURES ON PETITION [END of Thread]

2012-04-23 Thread Eric Swartz - WA6HHQ, Elecraft
Folks - This OT thread is exceeding our max posting quantity threshold. 
Please take it to direct email.

[Thread closed]

73,

Eric
Elecraft List moderator
  ---
www.elecraft.com


On 4/23/2012 3:16 PM, Ron D'Eau Claire wrote:
 My XYL is a real estate broker here in Oregon and one of the things most
 often found on a buyer's must have list for a home is *NO HOA*.

 As a result, HOA's here tend to bring down the value of a property.

 CCRs (Covenants, Conditions and Restrictions on what you can do with
 property you buy) may exist even with no HOA. They often have expiration
 dates written into them, and they are frequently voided by state and federal
 laws. For example, I once owned a home built in the 1920's whose CCRs
 included a prohibition from hanging my laundry out on a clothesline on
 Sundays. Having no clothesline I didn't test it.

 Anyone owning or contemplating owning property should know what CCRs are
 attached to it or if there are none. If your Realtor isn't helpful, contact
 the company who insured your title to the property.

 73, Ron AC7AC


 -Original Message-

 However, It's almost impossible to buy a new home, or a home that was built
 in the last several years, without running into this restriction.

 I've never quite understood why these restrictions don't expire when all of
 the homes in a given development have passed ownership from the developer to
 the individual homeowners.
 That is, in absence of a HOA.

 73 de Jim - AD6CW

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Re: [Elecraft] HAM GATHERING SIGNATURES ON PETITION TO VOID ANTENNA PROHIBITIONS [End of thread]

2012-04-23 Thread Eric Swartz - WA6HHQ, Elecraft
This thread (with a slightly different subject line) is also closed.

73,
Eric
Elecraft List Moderator, from time to time..
---
www.elecraft.com


On 4/23/2012 2:40 PM, Tony Estep wrote:
 On Mon, Apr 23, 2012 at 4:10 PM, Steve Reedai...@arrl.net  wrote:

 ...What the CCRs lack is reasonable accommodation -- for example, I
 could easily string up a

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Re: [Elecraft] HAM GATHERING SIGNATURES ON PETITION

2012-04-23 Thread Phil Hystad
I have frequently seen real estate ads that actually say No HOAs as a 
selling point.  Just the opposite of what it was like 20 years ago or so.


On Apr 23, 2012, at 3:16 PM, Ron D'Eau Claire wrote:

 My XYL is a real estate broker here in Oregon and one of the things most
 often found on a buyer's must have list for a home is *NO HOA*. 
 
 As a result, HOA's here tend to bring down the value of a property. 
 
 CCRs (Covenants, Conditions and Restrictions on what you can do with
 property you buy) may exist even with no HOA. They often have expiration
 dates written into them, and they are frequently voided by state and federal
 laws. For example, I once owned a home built in the 1920's whose CCRs
 included a prohibition from hanging my laundry out on a clothesline on
 Sundays. Having no clothesline I didn't test it.
 
 Anyone owning or contemplating owning property should know what CCRs are
 attached to it or if there are none. If your Realtor isn't helpful, contact
 the company who insured your title to the property.
 
 73, Ron AC7AC
 
 
 -Original Message-
 
 However, It's almost impossible to buy a new home, or a home that was built
 in the last several years, without running into this restriction.
 
 I've never quite understood why these restrictions don't expire when all of
 the homes in a given development have passed ownership from the developer to
 the individual homeowners.
 That is, in absence of a HOA.
 
 73 de Jim - AD6CW
 
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Re: [Elecraft] HAM GATHERING SIGNATURES ON PETITION

2012-04-23 Thread Fred Jensen
On 4/23/2012 3:16 PM, Ron D'Eau Claire wrote:

 If your Realtor isn't helpful, contact
 the company who insured your title to the property.

No Ron, find a new Realtor who is helpful

73,

Fred K6DGW
- Northern California Contest Club
- CU in the 2012 Cal QSO Party 6-7 Oct 2012
- www.cqp.org

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