[time-nuts] Why the fuss?

Bob Camp lists at rtty.us
Fri Sep 28 00:12:34 UTC 2012


Hi

….. and as long as C&R's are not something the FCC is going to play with -- you are stuck.

Bob


On Sep 27, 2012, at 8:09 PM, David <davidwhess at gmail.com> wrote:

> Presumably such a strategy would be applied against a HOA that has
> power over the restrictions.
> 
> I have not been following this subject for several years but
> apparently the FCC has released the report authorized by congress in
> 2012 and again found no need to take action:
> 
> http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0820/DA-12-1342A1.pdf
> 
> ". . . Therefore, at this time, we do not see a compelling reason for
> the Commission to revisit its previous determinations that preemption
> should not be expanded to CC&Rs."
> 
> On Thu, 27 Sep 2012 19:36:26 -0400, Bob Camp <lists at rtty.us> wrote:
> 
>> Hi
>> 
>> The gotcha isn't the neighbors (who you can negotiate with) it's what ever entity enforces the title restrictions. With the recent dip in sales, that may be the original developer, still there a decade later ….
>> 
>> Bob
>> 
>> On Sep 27, 2012, at 7:30 PM, David <davidwhess at gmail.com> wrote:
>> 
>>> On Thu, 27 Sep 2012 18:59:48 -0400, Jeff Stevens <jeff at mossycup.com>
>>> wrote:
>>> 
>>>> 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
>>> 
>>> I have heard of cases where the HAM settled for hidden or attic
>>> antenna installations and the resulting interference with their
>>> neighbor's electronics was used to bargain for a more reasonable rule.
>>> 
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>> 
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