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-------- Original message --------
From: Kirk Kridner <krid...@sbcglobal.net>
Date: 1/28/17 4:51 PM (GMT-06:00)
To: 'TDXS Reflector' <tdxs-l...@tdxs.net>, "'webmas...@tdxs.net'"
<k...@att.net>, K5HM <k5hm....@gmail.com>
Subject: Re: [tdxs-list] FW: [BVARC] Amateur Radio Parity Act IS THE SAME as
last year's version
Ron
I totally agree with you on all points. There is nothing in this legislation
that gives hams any real hope of a reasonable compromise with the local
homeowner associations (HOA) on ham radio antennas. I have been reviewing the
issues between the HOAs and ham radio operators for years and in my opinion
this latest legislation will result in the HOAs taking action against existing
ham stations in the HOA neighborhoods as well as denying new ones.
As has been noted, there are about 730,000 licensed hams in the U.S., while
while over 65 million people in the U.S. live in communities controlled by HOAs
& the HOA number is growing annually. One of the most interesting statistics I
have noted is that while the novice/technician class licenses were ~20% in
1985, the technician class licenses are ~50% today. In my opinion the reason
for that is that many new hams are in antenna restricted communities/locations
and as a consequence do not feel there is any benefit to upgrading their
licenses.
The issue here is whether the new legislation will help the ham radio community
and this is going to depend upon the cooperation and good faith negotiation of
the HOAs. One of the primary national HOA associations is the Community
Associations Institute (cai.org) & I encourage everyone to check them out as
they are not friends of ham radio and they are taking aggressive positions in
both their lobbying at the Federal and State levels as well providing providing
resources and information to local HOAs to prohibit any type of external
antennas. I have also seen many reports where HOAs are pursuing attempts to
prevent any type of ham radio operation in HOA neighborhoods by restricting ham
antennas on vehicles in the neighborhoods and requiring the removal of any type
of stealth antennas that come to the HOA's attention. Accordingly, I feel that
requiring that hams provide information to the HOAs will only serve to hurt
hams that are successfully operating stealth antennas today (to the extent that
a ham operates a stealth antenna without detection is testimony that the HOA
efforts to shut them down is related solely to use restrictions related to the
activity (and is an issue in the jurisdiction of the FCC) rather than having
anything to do with the appearance of the antennas. To get a better insight to
the position of the CAI, I recommend reading the following white paper
explaining CAI position on ham radio that was written by a CAI executive and
legislative action director, who also has a ham radio license:
https://www.caionline.org/Advocacy/FederalAdvocacy/PriorityIssues/_layouts/15/WopiFrame.aspx?sourcedoc=/Advocacy/FederalAdvocacy/PriorityIssues/Documents/Ham%20Radio%20and%20the%20Community%20Association%20-%20Final.pdf&action=default
My point is that the current legislation will place the decisions as to what
constitutes a "reasonable accommodation" for a ham radio antenna on the HOAs,
and most HOAs are going to follow the positions taken by the CAI. Can we as
hams prevail and get approvals from the HOAs under the new legislation if it is
passed? Possibly, but we can expect significant resistance and many hams will
be forced to resort filing lawsuits in court against their HOAs to force
compliance with the law. More importantly, even when the HOAs do negotiate with
us, the decision of what is a reasonable antenna will be up to the HOA and it
is a virtual certainty that we will most always be in disagreement with what
the HOA ultimately determines to be a "reasonable antenna".
As to your points about the positions by the League, there are other issues
that are taking place involving what types of operations are eligible for ARRL
awards, contests, etc., and the lack of many hams to participate due to antenna
restrictions has given rise to non-owned remote stations accessed via the
internet. Some of these operations offer premium radios and towers that charge
either membership and/or usage fees, and there is considerable objection by
hams with their own 'super stations' to allowing other hams to be eligible to
obtain awards or win contests by the use of a non-owned station accessed via
the internet. I also note that there have been proposed revisions to the DXCC
rules that would limit the use of non-owned remote stations in qualifying for
DXCC contacts. In my discussions with League executives and board members
regarding the controversy involving the use of such non-owned remote stations,
they always change the subject to the HOA restrictions stating that there would
not be an issue regarding awards & contests using the non-owned stations
accessed via the internet if we can get rid of the HOA restrictions so that
everyone can have their own antennas.
I don't whether that is a factor in the League's lack of a position as you
note, but regardless I do not think any of it is relevant as even if the
legislation is passed it still puts the decision as to what is a reasonable
antenna into the hands of the HOAs and this legislation will not let many hams
get back on the air.
Kirk KV5Q
Irving, Texas
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