I'm in total agreement with you. I made similar comments to my ARRL
division director, Greg Milnes, and also in an TT post earlier
today. Let's see what the League and other prominent HR organizations come
up with in regards to the latest FCC decision.
Keep tuned in and let your elected reps know your concern.
At 03:21 PM 1/1/2002 -0600, you wrote:
>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
>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
> >Date: Mon, 31 Dec 2001 19:58:31 -0800
> >From: "Mike" <W4EF@dellroy.com>
> >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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This list is sponsored by the new eHam.net Store. When you buy products
like ICE filters, Array Solutions StackMatch, or M-Squared Antennas from
the eHam Store for the same price you pay direct, a portion of the sale
price goes to support this list. Check it out at http://www.eham.net.
FAQ on WWW: http://www.contesting.com/FAQ/towertalk
Administrative requests: towertalk-REQUEST@contesting.com