Hi, Doug and all, I think you are confusing a couple of FCC rules, and may be misinterpreting your HOA's letter (at least as much as you quoted).
There are NO FCC rules or Congressional legislation requiring HOA's to permit ham radio towers and antennas if the CC&R's restrict them. There are two FCC rules in play here, and neither does what you want: One is PRB-1, which requires governments (cities, counties, states) to accommodate ham antennas to some extent. This does NOT apply to HOA's and CC&R's, which are private contracts between you and the seller/HOA. The other is the FCC "OTARD" rule that preempts HOA restrictions on certain small broadcast TV and data receiving antennas and satellite dishes. This does NOT apply to amateur radio antennas. Details here: http://www.fcc.gov/mb/facts/otard.html The ARRL has lobbied the FCC to extend PRB-1 coverage to HOA's and CC&R's, and the FCC has specifically refused to do that, saying that if Congress intends that, they'll need to legislate it and the FCC will respond. The ARRL has gotten a bill before Congress to do that thanks to some friendly Congressmen. Chances of passage are ???? (or zero, according to some). If your HOA really is confused about the matter, perhaps that's good for you. But YOU shouldn't be confused. Before you spend a lot on a tower, you might have a lawyer figure out how to "lock in" their permission, lest they discover their error one day and give you grief. If they aren't confused, and you are trying to twist the OTARD rule to cover a ham antenna, you better have a very good lawyer fighting for you. And just to be complete, the FCC doesn't pass laws or legislation. The FCC makes rules, based on legislation passed by Congress. 73, Gary KN4AQ At 02:40 AM 12/27/2005, Doug Fitts W7FDF <[EMAIL PROTECTED]> wrote: >My last posting for 2005 with a question: > >My home owners association with their CC&R's and other regs [here in my >community of Vail, Arizona] has "seen the light" regarding new FCC >legislation on antenna and tower installation parameters and height >restrictions. They [the association] recently sent me a monthly >Newsletter [December issue] which specifically acknowledges word for >word, that the "Federal Communications Commission [FCC] passed >legislation that prohibits associations from restricting individual >members from receiving adequate transmission signals"..... > >Doug Fitts W7FDF >Vail, Arizona U.S.A. Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/Repeater-Builder/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
