No, it’s not the same thing at all. There’s no federal regulation or ruling that prevents your wife from enforcing that agreement. There is a federal ruling that prevents an HOA from enforcing that same covenant if the area is an exclusive use area. Similarly, there is no federal ruling about purple houses, old cars in the lawn, 17 dogs or free range chickens.
It’s not a “choose your battle” issue, either. There’s no “battle” to be had here. The original point is this. You said “OTARD was no use because they had signed a covenant.” Fortunately for homeowners, that isn’t true. An HOA covenant that violates OTARD does not overrule it. There is no legal remedy in a court of law for the HOA, even if you as a homeowner have signed the covenant, just like (going back to Mike’s example) there’s no legal remedy for me if I file suit accusing you of violating your signed agreement to murder someone for me. Doug From: Af [mailto:[email protected]] On Behalf Of Ken Hohhof via Af Sent: Wednesday, November 12, 2014 9:03 AM To: [email protected] Subject: Re: [AFMUG] Mimosa did it again That’s like saying I can’t make an agreement with my wife not to put a satellite dish on the roof. You can agree to anything you want. There may be legal remedies in a court of law, but that doesn’t stop you from signing the agreement. And remember in cases like homeowners associations, people may actually want those rules. They don’t want their neighbor painting their house purple or burying an old car in the front lawn as art or having 17 dogs or free range chickens. There is also the wise saying “choose your battles”. I think Rory’s case of city regulations would be a better battle to fight over this. From: Mike Hammett via Af<mailto:[email protected]> Sent: Wednesday, November 12, 2014 8:47 AM To: [email protected]<mailto:[email protected]> Subject: Re: [AFMUG] Mimosa did it again Great example. The federal government restricts their ability to do that. You can't agree to violate that. ----- Mike Hammett Intelligent Computing Solutions http://www.ics-il.com [http://www.ics-il.com/images/fbicon.png]<https://www.facebook.com/ICSIL>[http://www.ics-il.com/images/googleicon.png]<https://plus.google.com/+IntelligentComputingSolutionsDeKalb>[http://www.ics-il.com/images/linkedinicon.png]<https://www.linkedin.com/company/intelligent-computing-solutions>[http://www.ics-il.com/images/twittericon.png]<https://twitter.com/ICSIL> ________________________________ From: "Ken Hohhof via Af" <[email protected]<mailto:[email protected]>> To: [email protected]<mailto:[email protected]> Sent: Wednesday, November 12, 2014 8:25:18 AM Subject: Re: [AFMUG] Mimosa did it again Bad example. The agreement wasn’t to do something illegal like kill someone. You can agree not to paint your house purple, not to have kids (retirement community), etc. in order to live there. In any case, it’s a “how many angels can dance on the head of the pin” argument, the bottom line is these people wanted an indoor CPE and liked the WiMAX ones they got from Open Range. But I think a mobile hotspot would probably serve the purpose, not sure what kind of usage cap Open Range had. Also I think most of us get the people who don’t want our service because they don’t want an outdoor antenna for whatever reason and can’t understand why we have to put it outside, after all we’re “wireless”. So there is at least some demand for indoor CPE. Whether the Mimosa product actually works as claimed is another matter. And even in 900 MHz, the Canopy indoor CPE was a poor enough seller they discontinued it. From: Mike Hammett via Af<mailto:[email protected]> Sent: Wednesday, November 12, 2014 7:55 AM To: [email protected]<mailto:[email protected]> Subject: Re: [AFMUG] Mimosa did it again Doug Haas's favorite example is that it's illegal to kill somebody. You can't sign a contract to kill somebody and make it legal. ----- Mike Hammett Intelligent Computing Solutions http://www.ics-il.com [http://www.ics-il.com/images/fbicon.png]<https://www.facebook.com/ICSIL>[http://www.ics-il.com/images/googleicon.png]<https://plus.google.com/+IntelligentComputingSolutionsDeKalb>[http://www.ics-il.com/images/linkedinicon.png]<https://www.linkedin.com/company/intelligent-computing-solutions>[http://www.ics-il.com/images/twittericon.png]<https://twitter.com/ICSIL> ________________________________ From: "Ken Hohhof via Af" <[email protected]<mailto:[email protected]>> To: [email protected]<mailto:[email protected]> Sent: Wednesday, November 12, 2014 7:47:00 AM Subject: Re: [AFMUG] Mimosa did it again When Open Range went poof, we got several calls from people in townhomes who really loved their indoor CPEs, their HOA didn’t allow outdoor antennas, and OTARD was no use because they had signed a covenant. From: Rory Conaway via Af<mailto:[email protected]> Sent: Wednesday, November 12, 2014 7:34 AM To: [email protected]<mailto:[email protected]> Subject: Re: [AFMUG] Mimosa did it again This is going to have limited use the U.S.. Unfortunately , with tax credits for certain type of windows and window films, most of our windows don’t work well with indoor radios. We did a test one day and found that it was easier to get the signal through red brick than the window it surrounded. However, we have been installing 2.4GHz radios in windows in pre-built homes very successfully since they don’t have tinting. On another note, it’s also why you don’t want to put your radar detector on the top of the windshield. Rory From: Af [mailto:[email protected]] On Behalf Of Mike Hammett via Af Sent: Wednesday, November 12, 2014 6:17 AM To: [email protected]<mailto:[email protected]> Subject: Re: [AFMUG] Mimosa did it again This is better than previous attempts in that it's a beamforming antenna on the CPE. It shapes the beam to point at the best signal it sees. ----- Mike Hammett Intelligent Computing Solutions http://www.ics-il.com [http://www.ics-il.com/images/fbicon.png]<https://www.facebook.com/ICSIL>[http://www.ics-il.com/images/googleicon.png]<https://plus.google.com/+IntelligentComputingSolutionsDeKalb>[http://www.ics-il.com/images/linkedinicon.png]<https://www.linkedin.com/company/intelligent-computing-solutions>[http://www.ics-il.com/images/twittericon.png]<https://twitter.com/ICSIL> ________________________________ From: "Jason McKemie via Af" <[email protected]<mailto:[email protected]>> To: [email protected]<mailto:[email protected]> Sent: Wednesday, November 12, 2014 2:25:25 AM Subject: Re: [AFMUG] Mimosa did it again Allowing customers to install their own CPE is a bad idea in any unlicensed frequency, both for your network as well as the spectrum in general. On Wednesday, November 12, 2014, Stefan Englhardt via Af <[email protected]<mailto:[email protected]>> wrote: Now Mimosa announced an indoor window mountable CPE: „Mimosa's C5i just changed urban Internet forever! Never wait on your service provider install again. Self-install in seconds and experience 500+ Mbps!“ To the mimosa Fans: How they change physics to make 5GHz penetrate through windows. We have not much luck doing this with 3,5GHz licensed, beamforming and high power. Doug Hass Associate 312.786.6502 Franczek Radelet P.C. 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