Especially with this new chairman, we have an opportunity to tweak this when it hits the FCC.
I agree, the way it is written, it could cause trouble with some HOAs. Hopefully, people have better things to do than roam around looking for stealth antennas. If they come into my back yard there will be hell to pay. On Sat, Jan 28, 2017 at 11:37 AM, John Chauvin via BVARC <bvarc@bvarc.org> wrote: > Re Question 1 re HOA also must do something, yes it is true. HOWEVER (as > Pete cites clearly in his October 2016 article), the HOAs have no time > limit so they can drag it on forever, probably beyond some of our > lifetimes. Who is going to sue them one at a time to act promptly? > HOWEVER, those hams with existing non-approved antennas will be in > IMMEDIATE violation of the federal laws. > > Re Question 2, therein lies the great paradox. This has been publically > commented on by a knowledgeable attorney and he is not the one that created > this legislation. We can all read. If you haven't already read Sec. 3, > b (1) of the bill, here is what it says: > ". . . require any licensee in an amateur radio service to notify and > obtain prior approval from a community association concerning installation > of an outdoor antenna;" > That doesn't need a Doctorate of Law or a PhD in English to understand > what it says. > > Re JP's comments about FCC comment period, such is generally true. Since > this would be mandated by federal action however, they have to follow the > letter of congress's mandate so though the effectiveness of such comments > might influence some grammatically or similar wording, the FCC has no > choice but to do what Congress says, not what we want nor even what the FCC > wants. The FCC might even not have to have such a comment period as it is > mandated by congress and it would not be a regulation that the FCC will > have initiated. Remember, the House bill cites that within 120 days the > FCC must change Part 97 so any and all of this comment period, etc., will > be completed and it will be law (Part 97 revisions finalized) within 120 > days of it being signed by Trump. > > Re Tom's, K5RC, comments, I love it. > > IZO > > > > ------------------------------ > *From:* Rick Hiller -- W5RH <wn3...@gmail.com> > *To:* John Chauvin <k5...@yahoo.com>; BRAZOS VALLEY AMATEUR RADIO CLUB < > bvarc@bvarc.org> > *Cc:* TDXS List <tdxs-l...@tdxs.net> > *Sent:* Saturday, January 28, 2017 4:20 AM > *Subject:* Re: [BVARC] Amateur Radio Parity Act IS THE SAME as last > year's version > > From W5RH > > Question(s) 1 ......Would not this same law make it a federal offense if > the HOA does NOT provide "resonable written rules" or does not "constitute > (establish) the minimum practicible restrition". Wouldn't they be in > violation of federal law if they continue to "preclude amateur radio on its > face or as applied" ? (See constitutional law definition.) Would they not > be in violation if they fail to permit licensee to "install and maintain an > effective outdoor antenna on property under the exclusive use or control of > the licensee"? > > There are statutes in this law that require the HOA to do certain things > under the law. If they don't do these things, would this not make them in > vilolation of federal law? > > Question 2.......why have we not heard from the legal minds within BVARC > or TDXS or even ARRL? I know we have lawyers within each of the clubs. > ARRL has a lawyer who stated that it is a good law and would be willing to > have a phone conversation with ITT (I think). Did this ever happen? > BVARC members have voiced opposition (me too) to the ARRL BOD members, etc. > and have yet to receive any kind of response in return. These BOD folks > are hams just like us, they belong to the same organization and they are > volunteers, yes, but their division constituants deserve at least some type > of "thanks for your comment" response. Even better would be a > knowledgeable reply to our concerns. Has anyone received such? > > I have read Pete's expose and do not disagree, but then I read thru HR 555 > and, using the Google'd laymen's terminology translations for the legal > verbiage, tried to apply some untainted logic. See Question(s) 1 above. > > Yes, I agree that existing (and future) antennas would be in violation of > this law if not approved by the HOA authority, but I also see that the HOA > is under certain requirements of this law to provide their > constituant/member/the Ham certain specific allowances. > > 73...Rick > > Rick Hiller > *The Radio Hotel* -- W5RH > > > > On Fri, Jan 27, 2017 at 6:30 PM, John Chauvin via BVARC <bvarc@bvarc.org> > wrote: > > There is some discussion that the current Amateur Radio Parity Act is not > the same absurd legislation as the one that missed passage by 1 senate vote > last year. THAT IS NOT SO. IT IS THE SAME LEGISLATION! It is indeed the > REVISED version from May 2016; The original, which wasn't as absurd, was > dated March 4, 2015. To see this for yourself, go to the Congress website > at: https://www.congress.gov/bill/ 115th-congress/house-bill/555/ > text?r=44 > <https://www.congress.gov/bill/115th-congress/house-bill/555/text?r=44> > The ARRL website also cites that it is the same that almost passed last > year. > > It keeps the infamous requirement cited in Sec. 3, b (1) that immediately > makes it a federal crime for anyone that has a stealth, visible or any, > antenna already erected (or erects such antenna) that hasn't been approved > by the HOA. Count the people in TDXS and BVARC that you know that have > this. This includes J-Poles, 10M wire dipoles or any other such minuscule > antennas whether or not visible from the street. > > I won't even begin to touch on the other 11 points that Pete cited in his > October 2016 BVARC Newsletter article, Page 3 available for viewing on > BVARC.org That too speaks for itself. > > BVARC and TDXS should form Antenna tear-down parties once the law passes > and Part 97 is changed. > > John, K5IZO > > ______________________________ _________________ > BVARC mailing list > BVARC@bvarc.org > http://mail.bvarc.org/mailman/ listinfo/bvarc_bvarc.org > <http://mail.bvarc.org/mailman/listinfo/bvarc_bvarc.org> > > > > > > _______________________________________________ > BVARC mailing list > BVARC@bvarc.org > http://mail.bvarc.org/mailman/listinfo/bvarc_bvarc.org > > -- Paul Easter Technical Director SBE CPBE WW5PA Houston Christian Broadcasters/KHCB networks 2424 South Blvd. Houston, TX 77098 (713) 520-5200
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