[time-nuts] Why the fuss?

[Jeff Stevens]

On Thu, Sep 27, 2012 at 1:27 PM, Hal Murray <hmurray at megapathdsl.net> wrote:
> What do hams do in that environment?

Hams either avoid HOAs and deed restricted property or they live with
the restrictions by placing their antennas in attics and other
inconspicuous locations.  There have been attempts by hams to get the
FCC to somehow invalidate or limit deed restrictions and HOA rules
which prohibit antennas and towers which effectively prevent operation
of amateur stations but so far the FCC has steered clear.  While the
federal government DOES claim some limited preemption of local zoning
and municipal ordinances (PRB-1), I believe the FCC has chosen to stay
away from meddling with deed restrictions and HOA rules preferring to
consider them voluntary private contracts.  According to hams in some
parts of the country, however, they are far from voluntary as in some
areas so much of the residential real estate is deed restricted or
subject to HOAs that there is no practical alternative.  With that
said, I believe this year congress actually appropriated a few $100k
to "study the impact" of deed restrictions and HOAs on amateur
operations.

-Jeff
W7WWA