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

[David L. Thompson]

Here is the problem.  20 years ago just a few subdivisions had CC&R's and
the biggest problem most hams had was with zoning laws
that generally limited tower height to 35 feet or just a feet above roof
level.   In court cases  it was shown that an antenna at 35 feet shot RF
right into surrounding houses.  This is one of the reasons why PRB-1 asked
for consideration of higher antennas.

About this time one of the biggest threats to freedom started to appear
almost universally across the United States.  Under the guise of
protecting property values homeowners associations popped up aided by
developers with a standard set of rules that have been encoded as CC&R's.
I have bought and sold three houses and my tower has never lowered property
values.  In fact it made no difference!

Recently the CC&R's are being interpreted as not allowing ANY radio
transmission...fixed, mobile, or handheld.  A local ham was told his mobile
could not be used in the subdivision.  He countered that police patrol the
with radio equipment and did they want to tell them they cannot use their
equipment.  A real estate agent told me that she knew of no new subdivisions
were being built without the dreaded CC&R's.  Several years ago I hosted a
group of webelo scouts during jamboree on the air and 5 decided to learn
enough code to pass the morse code merit badge.  However all backed away
from the then novice license as two mothers were afraid of TVI and three
lived in subdivisions with CC&R's.  One father (he was Vice President of his
subdivision association) told me that ham radio was "illegal" in the
subdivision.  All of this information along with thousands of like accounts
was collected by the ARRL and presented to the FCC.  I sent the info
directly to the FCC Chairman Powell recently.  His reply was "sorry" this is
beyond the FCC's reach as limited by Congress.  This is why the ARRL is
taking this to Congress!

I cannot address the controversy over the ARRL representation as reported in
the press (a recent Worldradio Magazine article reported such).  I do feel
that the ARRL President and ARRL Management have done a good job in
presenting the case to the FCC.  The problem
is that homeowners and developers together represent a force that the FCC
won't tread on.  Thus the Congress approach.

CC&R's could be the death knell for amateur radio in the United States and
the ARRL is well aware of this fact.   We need to support the ARRL effort
and write your Senators and Congressman (or woman) to show your support.

73 Dave K4JRB



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