I agree with Gary and will add that you will probably need a building permit and be subject to local building codes. You should check that out before acquiring materials,IMHO... AND WHATEVER YOU DO,PUT CLIMBING GUARDS ON TO KEEP KIDS OFF!!! You may also want to check into insurance coverage.BT,DT! 73,Lee
Gary Pearce KN4AQ wrote: > 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 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/
