I had my R7000 vertical up for 8 years, then a neighbor cut some trees and it became visible. Got complaints and a letter to remove it.
I wrote them back that OK, since i could not do Ham radio anymore, I would be watching football. Since I have a small dish I told them as per Federal Law I would be putting up a 30 foot tower and the biggest TV LPDA I could get since our nearest ABC stations are in Ft. Pierce and Miami, 60 miles North and South of me. They gave me permission in writing for my ham antennas. Please not if there is a central antenna, or cable to all houses that is paid for in your monthly fees, this extortion won't work. BTW, after the Hurricanes in the last 2 years they are glad to have me here. 73 all de Bob K3YT ---- [EMAIL PROTECTED] wrote: ============= TV antennas are specifically exempted from CC&Rs. Or rather, the restrictions are Federally preempted. Here's why: (insert standard IANAL disclaimer HERE) Way back in the 1970s, a lot of builders started putting "no antennas" clauses in their new construction covenants/deed restrictions. This was done because cable TV folks offered them a deal: Include the clause, and the cable folks would wire up the new houses for cable at low or no cost. The result was that the builders included the clauses, and homebuyers would almost always sign up for cable service, since the house was already wired and the service (back then) was inexpensive. It cost the cable folks a lot less to wire a whole development while under construction, rather than retrofitting after the fact, and the builders could advertise the houses as prewired for cable. The few no-cable holdouts had to make do with rabbit ears and attic TV antennas. And because those covenants and deed restrictions were set up to be almost impossible to change, the situation continued for decades. Then came the direct satellite "pizza dish" TV services. They were direct competition to cable TV, and wanted into the market. But putting the little pizza dish in the attic doesn't usually work well, if at all. Nor can the dish be put just anywhere - the dish has to 'see the satellite'. Which can mean it has to be on the front of the house, up high, to do so. The satellite TV dish people realized that they were being cut out of a huge market, because so many Americans wanted the service but couldn't put the dish outside. So the sat folks sued, claiming restraint of free trade. The claim was that the no-antennas clauses effectively gave the cable TV folks a de-facto monopoly. The case went all the way to the Supremes, who ruled in favor of the pizza dish folks, and preempted the covenants and restrictions. A later action extended it to regular TV antennas. IOW, the Supremes ruled that Americans not only have an inalienable right to watch TV, but also an inalienable right to choose between all available TV providers! BUT: The preemption *ONLY* applies to antennas for broadcast and satellite TV reception - nothing else. Not ham radio, cb, SWL, Wi-Fi, public service, or even broadcast FM or AM radio. The lawsuit was over TV reception and applies only to TV reception. And there's a limit to the height and size of mast and antenna that can be installed. If the antenna is used for any purpose other than TV reception, the preemption doesn't apply and you can be required to remove the antenna. No, it doesn't make sense, but that's what the Supremes decided. They're lawyers, not engineers. ARRL has petitioned and argued for years to get the preemption extended, but FCC has repeatedly said no, no, and no again. Since amateur radio isn't commercial, the 'restraint of free trade' argument can't be applied. The only sure answer is don't buy a restricted property - ever. The long term solution is to get Congress to apply the preemption to more than TV antennas. Gladys Kravitz lives on! 73 de Jim, N2EY _______________________________________________ Elecraft mailing list Post to: Elecraft@mailman.qth.net You must be a subscriber to post to the list. Subscriber Info (Addr. Change, sub, unsub etc.): http://mailman.qth.net/mailman/listinfo/elecraft Help: http://mailman.qth.net/subscribers.htm Elecraft web page: http://www.elecraft.com _______________________________________________ Elecraft mailing list Post to: Elecraft@mailman.qth.net You must be a subscriber to post to the list. Subscriber Info (Addr. Change, sub, unsub etc.): http://mailman.qth.net/mailman/listinfo/elecraft Help: http://mailman.qth.net/subscribers.htm Elecraft web page: http://www.elecraft.com
