And the same "authority" that undergirds any administration or congress
regulating nearly any sphere of life. Heck, the FCC could cite promoting the
"general welfare."
I hate HOA covenants (and even HOAs) but I think I'd rather have the rule of
law.
Ask the former Chrysler and GM Bondholders what they think about the rule of
law.
(Why do I suspect a "let's get back on the topic of towers" email is about due?)
Art
KØRO
--- On Mon, 4/23/12, Joe Subich, W4TV <lists@subich.com> wrote:
From: Joe Subich, W4TV <lists@subich.com>
Subject: Re: [TowerTalk] HAM GATHERING SIGNATURES ON PETITION TO VOID ANTENNA
PROHIBITIONS
To: towertalk@contesting.com
Date: Monday, April 23, 2012, 1:50 PM
No, you will find the FCC's ruling on OTARD (over the air receiving
device - e.g. satellite and TV antennas) applies to private contracts
including HOAs, rental contracts, and builder imposed deed limits.
The FCC - and any other *federal* authority - has the power to preempt
private contracts simply by declaring the terms of the contract
"contrary to public policy." It is the same authority used to void
many other "private" restrictions regarding public accommodation,
housing, memberships, etc.
73,
... Joe, W4TV
On 4/23/2012 2:30 PM, Al Kozakiewicz wrote:
> I think you'll find that applies to public ordinances (e.g. zoning laws) ,
> not deed covenants.
>
> Al
> AB2ZY
>
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