It is my understanding that -- at least in many cases -- the "no
antennas" clauses in CC&Rs and HOA rules were put there to satisfy the
cable companies, which said, "If you outlaw antennas, we'll cable your
subdivision free of charge." OTARD overrode these to the extent that
occupants can install TV antennas and DBS dishes on balconies, etc., to
which they have exclusive access.
Those CC&Rs and HOA rules also typically outlaw all forms of radio
transmitting equipment, which, strictly speaking, outlaws remote garage
door openers, cell phones, cordless phones, wireless door bells, baby
monitors, home WiFi installations, and some remote controls for sound
and TV devices.
On 04/23/12 02:30 pm, Al Kozakiewicz wrote:
> I think you'll find that applies to public ordinances (e.g. zoning laws) ,
> not deed covenants.
> From: email@example.com [firstname.lastname@example.org] On Behalf Of Paul Stoetzer
> Sent: Monday, April 23, 2012 2:03 PM
> To: Al Kozakiewicz
> Cc: email@example.com
> Subject: Re: [TowerTalk] HAM GATHERING SIGNATURES ON PETITION TO VOID ANTENNA
> Somebody should tell the FCC that. They did exactly that by voiding
> prohibitions on TV antennas and DBS satellite dishes.
> On Mon, Apr 23, 2012 at 1:57 PM, Al
> Kozakiewicz<firstname.lastname@example.org<mailto:email@example.com>> wrote:
> Someone needs to tell N4UM that the FCC has no statutory power to rewrite
> contract law or unilaterally void lawful existing contracts.
> Nice sentiment, but unfortunately a waste of time.
> On Behalf Of Allen Brier N5XZ [firstname.lastname@example.org<mailto:email@example.com>]
> Sent: Monday, April 23, 2012 1:50 PM
> To: firstname.lastname@example.org<mailto:email@example.com>;
> Cc: Allen Brier
> Subject: [TowerTalk] HAM GATHERING SIGNATURES ON PETITION TO VOID ANTENNA
> PLEASE CROSS-POST THIS TO AS MANY REFLECTORS; SEND TO AS MANY HAMS AND
> NON-HAMS AND PRINT IN AS MANY NEWSLETTERS AS POSSIBLE!!
> FROM QRZ.COM<http://QRZ.COM>:
> RADIO LAW: HAM GATHERING SIGNATURES ON PETITION TO VOID ANTENNA PROHIBITIONS
> N4UM tells Newsline that he has begun a petition drive to the FCC. This, in
> an attempt to get the regulatory agency to void antenna prohibitions by
> developers and Home Owners Associations.
> As of this report the petition has garnered over 1000 signatures. N4UM says
> that he is doing this now because the FCC is currently requesting formal
> comments on emergency communications in amateur radio. The agency also wants
> to know the effects of impediments to the amateur radio service as part of
> the Docket GN 12-91 inquiry.
> Comments on this federal study close on May 17th. N4UM says that his petition
> will also close on this same day. You can find his petition on-line at
> tinyurl.com/antenna-rights<http://tinyurl.com/antenna-rights> (N4UM)
> I don't know how much good this will do, but I can't see how it could hurt
> any pending efforts. At minimum it will bring some more attention to the
> subject by all concerned. In any case, PLEASE SIGN THE PETITION!
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