On Thu, 23 Mar 2006 17:53:26 +0000, [EMAIL PROTECTED] wrote:

>> Indeed. Irrespective of PRB 1, FCC has separately ruled AGAINST homeowner
>> associations in that they cannot legislate to prevent you having an outdoor
>> TV antenna. A little thing called freedom of speech and press. Put up a
>> vertical with a dummy (or real) TV antenna atop it. Might broadband it on
>> the low bands, HI.

  And the fact that The Congress specifically gave the Commission
  authority to pre-empt CC&R provisions and HOA rules for OTARD (Off-
  The -Air Reception Devices).  No such authority exists for ham
  antennas, and the Commission has stated in a recent denial of the
  ARRL's request to assume said authority that absent a clear
  direction from The Congress to do so, "hell no,. we won't go".
  The Congress doesn't seem in too much of a hurry to pass such a law.

>Force 12 sells a version of its Sigma 5 multi-band verical dipole
>with a TV antenna on top. Also a reinforced version for patios that
>allows you to hang flower pots from it.

  The communications lawyer side of me says "stay clear of this if you
  want to claim pre-emption" while the 54-year-licensed ham side of me
  says "how 'bout that!!"

--
   73 de K2ASP - Phil Kane
   ARRL Volunteer Counsel

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