Re: Any other HAMs?
Posted: Fri Nov 27, 2009 12:14 pm
This is fascinating! I guess I'll have to stop believing that all gun nuts are knuckle-dragging violent sociopaths....


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Nope, many of us are actually geeky nerds.OldSchool wrote:This is fascinating! I guess I'll have to stop believing that all gun nuts are knuckle-dragging violent sociopaths....
Keith B wrote:Nope, many of us are actually geeky nerds.OldSchool wrote:This is fascinating! I guess I'll have to stop believing that all gun nuts are knuckle-dragging violent sociopaths....
Sarge1208 wrote:on the antenna structures, very soon you won't have to worry much about it as a new federal law will over rule any municipal or community CC&Rs and restrictions. Sheila Jackson Lee wrote the bill and it has many co sponsors in congress. Because hams are so much help during emergencies this has the backing of dept of homeland security.
Sarge
W5SRG
Seriously?! WowSarge1208 wrote:on the antenna structures, very soon you won't have to worry much about it as a new federal law will over rule any municipal or community CC&Rs and restrictions. Sheila Jackson Lee wrote the bill and it has many co sponsors in congress. Because hams are so much help during emergencies this has the backing of dept of homeland security.
Sarge
W5SRG
Also, being that it was introduced in April, and has not gotten anywhere yet.. I don't see anything coming from this anytime soon.A BILL
To promote and encourage the valuable public service, disaster
relief, and emergency communications provided on
a volunteer basis by licensees of the Federal Communications
Commission in the Amateur Radio Service, by undertaking
a study of the uses of amateur radio for emergency
and disaster relief communications, by identifying
unnecessary or unreasonable impediments to the deployment
of Amateur Radio emergency and disaster relief
communications, and by making recommendations for
relief of such unreasonable restrictions so as to expand
the uses of amateur radio communications in Homeland
Security planning and response.
Many HOAs notoriously ignore the current OTARD law saying they can't restrict reception antennas. I don't they'll pay any more attention to this one, unless there are penalties involved.Sarge1208 wrote:on the antenna structures, very soon you won't have to worry much about it as a new federal law will over rule any municipal or community CC&Rs and restrictions. Sheila Jackson Lee wrote the bill and it has many co sponsors in congress. Because hams are so much help during emergencies this has the backing of dept of homeland security.
Sarge
W5SRG
Actually, they can if it's in your covenant.chabouk wrote:Many HOAs notoriously ignore the current OTARD law saying they can't restrict reception antennas. I don't they'll pay any more attention to this one, unless there are penalties involved.Sarge1208 wrote:on the antenna structures, very soon you won't have to worry much about it as a new federal law will over rule any municipal or community CC&Rs and restrictions. Sheila Jackson Lee wrote the bill and it has many co sponsors in congress. Because hams are so much help during emergencies this has the backing of dept of homeland security.
Sarge
W5SRG
Federal law applies to public entities, not HOA's. The local city cannot say 'no' to you requesting a permit to build an antenna, but a HOA can, based on the property's covenant.The FCC has been very clear that PRB-1 does not cover CC&Rs, as they are a private contract, not public policy issues.
Hmmm...dicion wrote:Actually, they can if it's in your covenant.chabouk wrote:Many HOAs notoriously ignore the current OTARD law saying they can't restrict reception antennas. I don't they'll pay any more attention to this one, unless there are penalties involved.
http://www.arrl.org/FandES/field/regula ... l/ccr.html" onclick="window.open(this.href);return false;Federal law applies to public entities, not HOA's. The local city cannot say 'no' to you requesting a permit to build an antenna, but a HOA can, based on the property's covenant.The FCC has been very clear that PRB-1 does not cover CC&Rs, as they are a private contract, not public policy issues.
The rule applies to individuals who place antennas that meet size limitations on property that they own or rent and that is within their exclusive use or control, including condominium owners and cooperative owners, and tenants who have an area where they have exclusive use, such as a balcony or patio, in which to install the antenna. The rule applies to townhomes and manufactured homes, as well as to single family homes.
The rule allows local governments, community associations and landlords to enforce restrictions that do not impair the installation, maintenance or use of the types of antennas described above, as well as restrictions needed for safety or historic preservation. Under some circumstances where a central or common antenna is available, a community association or landlord may restrict the installation of individual antennas. The rule does not apply to common areas that are owned by a landlord, a community association, or jointly by condominium or cooperative owners where the antenna user does not have an exclusive use area.
Keep reading down further in your own link:chabouk wrote: That doesn't seem to square with the FCC's own FAQ on OTARD. Your ARRL link is dated 1995; the regulations have been updated since then.
http://www.fcc.gov/mb/facts/otard.html" onclick="window.open(this.href);return false;The rule applies to individuals who place antennas that meet size limitations on property that they own or rent and that is within their exclusive use or control, including condominium owners and cooperative owners, and tenants who have an area where they have exclusive use, such as a balcony or patio, in which to install the antenna. The rule applies to townhomes and manufactured homes, as well as to single family homes.
The rule allows local governments, community associations and landlords to enforce restrictions that do not impair the installation, maintenance or use of the types of antennas described above, as well as restrictions needed for safety or historic preservation. Under some circumstances where a central or common antenna is available, a community association or landlord may restrict the installation of individual antennas. The rule does not apply to common areas that are owned by a landlord, a community association, or jointly by condominium or cooperative owners where the antenna user does not have an exclusive use area.
OTARD does not cover amateur radio. We are still restricted to PRB-1Q: What are "fixed wireless signals"?
A: "Fixed wireless signals" are any commercial non-broadcast communications signals transmitted via wireless technology to and/or from a fixed customer location. Examples include wireless signals used to provide telephone service or high-speed Internet access to a fixed location. This definition does not include, among other things, AM/FM radio, amateur ("HAM") radio (but see 47 C.F.R. ยง97.15), Citizens Band ("CB") radio, and Digital Audio Radio Services ("DARS") signals.