[Towertalk] ABC Home Owners Assoc Expose

Pete Smith n4zr@contesting.com
Sat, 20 Apr 2002 14:22:01 -0400


At 02:06 PM 4/20/02 -0400, Paul Christensen wrote:
>...Congress granted within the FCC the authority to codify this
>into law.  HOWEVER, Congress did not intend for the FCC to have carte 
>blanche power to make a similar blanket ruling across other
>FCC-regulated services.  In all fairness to the ARRL, it was a nice 
>attempt, but the FCC knew better.
>

Maybe I'm being over-optimistic, but it seems to me that the strong trend 
in state legislatures toward adding PRB-1 type "reasonable accommodation" 
language to state codes, plus the precedent of the statutory Federal 
pre-emption of CC&Rs for one type of antenna, sets the stage for an ARRL 
effort to get Congress to pass a similar pre-emption for CC&Rs that don't 
reasonably accommodate amateur antennas.

73, Pete N4ZR

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