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

To: <>
Subject: [TowerTalk] Is the FCC sharp? Is ARRL counsel swift?
From: (Jonathan Williams)
Date: Tue, 01 Jan 2002 15:21:57 -0600
I'm not a lawyer, either, but I do know that, unfortunately, the Fifth 
Amendment is a restriction on government action, not private (e.g. 
contracts such as CC&R's).

That's not to say that the basic principle can't be applied here in arguing 
against CC&R's -- the rights of owners to do what they will (within reason) 
with their property tends to strike a chord.  In my opinion, though, the 
strongest argument to be made is a utilitarian one: hams provide a unique 
and valuable social service, one which is being eroded by the widespread 
implementation of CC&R's.  It's a balancing act, and right now, the line is 
being drawn in the wrong place.

Several here have already noted a very good idea: the gathering of evidence 
regarding whether towers and antennas actually lower property values in 
communities.  If they don't tend to do so in actual practice, much of the 
reasoning behind CC&R restrictions on antennas is debunked outright.

The FCC's argument regarding mobile rigs is (IMHO) a cop-out.  I personally 
believe ham radio will be largely finished as a public service and as a 
hobby if it is limited to a few lucky (and/or wealthy) property owners and 
a fleet of mobiles.

Jonathan Williams, N0YM

To: <>
 >Date: Mon, 31 Dec 2001 19:58:31 -0800
 >From: "Mike" <>
 >Subject: Re: [TowerTalk] Is the FCC sharp? Is ARRL counsel swift?

 >Seems to me that the question of erecting towers is really a property
 >rights issue. Not really sure though how private property is protected
 >under the U.S. Constitution. With a few noteable exceptions, it is sparsley
 >mentioned in the text:

 >"No person shall be deprived of life, liberty, or PROPERTY without
 >'due process of law.' "  -  U.S. Constitution, Fifth Amendment

 >Guess that is why I am not a lawyer :):)
 >73 de Mike, W4EF.....................

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