Dear Senator Isakson:
I read your response to Mr. Roger Hackler and think you are dead wrong on
restrictions on amateur radio towers in Home Owners Associations. I think
what needs to be restrained are
the power of Home Owners Associations. There is an excellent article in the
March issue of CQ Magazine about the power of HOA's in Colorado.
Subdivisions there can put restrictions on an existing subdivision or area
by simple 51% favorable vote. If this is added to the re-copied
restrictions that are almost inclusive Nationwide HOA's will rule and state,
federal, and local government will be out of business except for defense,
Space, and perhaps police powers.
Let me remind you that amateur radio operators provide valuable help during
emergency. I have
certificates of Merit for emergency work from the Governors of three states
for Hurricane, Tornado, and Flood support. An amateur needs and antenna for
this and we are finding that not only are HOA's not allowing towers but even
amateur radio transmitters or handhelds. One amateur in a neighboring
subdivision was told his hand help was not legal in that subdivision. In
another case, I hosted Weblos Scouts during what is called Jamboree on The
Air. Five scouts got their morse code badge but when they told their
families they wanted to go ahead and get their amateur license they ran into
road blocks. One father told me "amateur radio" is illegal in his
subdivision!.
I live in Gwinnett County and with the aid of two Lawyers who are also
amateur radio operators we have come to a good compromise on towers. The
problem is HOA's do not allow compromise. I visited a ham in a 2 acre lot
subdivision in Forsyth County. To my surprise they won't allow antennas.
He had a small ground mounted vertical in his back yard but the HOA made him
take it down. Now he has attic antennas that cause much more interference
to himself and his neighbors that the small vertical.
I want to close with a point that most seem to over look. I have lived in
three states and each house I lived in had a 70 foot crank up tower with
fairly big antennas on top. The property values
have gone up in each case. My present home has increased in value from
83,000 to 260,000 over the past 24 years. I don't know of a single instance
of a tower reducing property values. Is the issue property values or power?
I say the biggest threat to the United States are HOA's even ahead of
Terrorists.
Sincerely,
David L. Thompson
David L. Thompson
4166 Mill Stone Court
Norcross, GA 30092
Original from Rep. Isakson------------------------------------------
March 10, 2004
Roger L. Hackler
3441 Steve Drive Northwest
Marietta, Georgia 30064-1709
Dear Roger:
Thank you for contacting my office regarding H.R. 713, the Amateur Radio
Spectrum Protection Act. I appreciate your thoughts on this issue.
As you know, this legislation, introduced by Rep. Michael Bilirakis (R-FL)
would override many homeowners' association covenants or restrictions
regarding the placement of outdoor antennas. Currently, the Federal
Communications Commission (FCC) applies a policy that only instructs
states and localities to provide "reasonable accommodations" for external
amateur radio antennae.
I believe that homeowners in these communities have made significant
investments in their property, based on the guidelines contained in these
agreements. It is not the proper role of the federal government to insist
that these changes be made. Instead, the reasonable accommodation policy
should continue to apply. I have supported amateur radio operators on
other issues, including spectrum assignment, but do not support the
Federal Government overriding existing recorded covenants. H.R. 713 is
currently pending before the House Subcommittee on Telecommunications and
the Internet.
Other related legislation includes H.R. 1478, the Amateur Radio Emergency
Communications Consistency Act, introduced by Representative Steve Israel
(D-NY) on March 27, 2003. This bill provides that, for purposes of the
Federal Communications Commission's regulation relating to station antenna
structures in the amateur radio services, any private land use rules
applicable to such structures shall be treated as a State or local
regulation and subject to the same requirements and limitations of such a
regulation. H.R. 1478 is also pending before the House Subcommittee on
Telecommunications and the Internet. I will keep your thoughts in mind
should this legislation come to the House floor for a vote.
Please feel free to visit my website at www.house.gov/isakson for more
information on issues that may be of importance to you, as well as to sign
up for my monthly email update. Thank you again for contacting me, and I
hope you will not hesitate to call on me in the future if I can be of
assistance to you.
Sincerely,
Johnny Isakson
Member of Congress
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