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[TowerTalk] Is the FCC sharp? Is ARRL counsel swift?

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Subject: [TowerTalk] Is the FCC sharp? Is ARRL counsel swift?
From: (Pete Smith)
Date: Tue, 01 Jan 2002 05:47:03 -0500
At 09:53 PM 12/31/01 -0700, Stu Greene wrote:
>The Commission took the easy way out by ruling that  ARRL  persuade 
>Congress to enact a statute depriving courts of the power to use CC&Rs to 
>prohibit towers. The easy way was not the right way, and I suspect that 
>Congress just isn't going to pass legislation preempting CC&Rs.
>.  The right and in my opinion legally correct way to decide ARRL's 
>petition would have been to say this. " CC&Rs are contracts between owners 
>of property in a subdivision, and as such have created  property rights 
>with which we cannot interfere."

Stu, Congress was willing to direct the FCC to pre-empt all forms of local
prohibition against satellite TV antennas, including CC&Rs.  FCC wrote regs
doing just that and then enforced them in some pretty sweeping cases.  Why
do you dismiss the possibility of the same thing happening for ham towers?

73, Pete N4ZR

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