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Blind-Hams For blind ham radio operators <[log in to unmask]>
Date:
Fri, 23 Sep 2005 15:50:35 -0400
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This came from the TS-200 list.  Thought it was a good idea.
Steve, K8SP

With the success of amateur radio in support of hurricane Katrina it is time
to push our federal and state government to stop the CC&R restrictions on
HAM antennas.  I sent the following message to President Bush, my senators,
representatives, governor, state senator and state representatives.  I would
urge every US ham to do the same.  You can use my letter or compose your
own.
--Leonard K. Pennock
AD7AS

---------------------  Cut here ------------------------------Subject:
Emergency Communication Preparedness

The disaster caused by Hurricane Katrina has shown that the standard
communication infrastructure is vulnerable to disruption.  On the other
hand, the distributed nature of amateur communication, has demonstrated that
it is a resource that is not likely to be lost when a disaster happens.
Hurricane Katrina has shown that the amateur radio community is ready and
able to provide emergency communication when other methods have failed.

Unfortunately, there is a movement in major cities to eliminate this pool of
experienced radio operators.  This movement is known as Home Owner
Associations that have covenants, conditions and restrictions, CC&R's, that
restrict installing any external antennas that are not
explicitly allowed by law.

In 1985 the FCC recognized that these CC&R's were preventing the
installation of antennas for the reception of TV broadcast signals and
issued PRB-1.  PRB-1 prevented HOA's from restricting the installation of
external antennas that were necessary to receive commercial broadcasts.
PRB-1 has been modified over the years to protect internet access and direct
satellite broadcast as well.  Unfortunately the FCC has failed to protect
the amateur radio service in a like manner.

The FCC has taken the position that CC&R's are a voluntary contract entered
into by buyer and seller.  They have also stated that the buyer is free to
look elsewhere for property.  Unfortunately, in most large metropolitan
areas it is almost impossible to find a new housing
development that does not have a HOA and CC&R.  In fact, many cities will
not approve a zoning request for a multi-unit housing development that does
not include a HOA with CC&R. There is no requirement that the CC&R restrict
antennas; however, the norm for CC&R
is to restrict them. This makes it virtually impossible to buy a new house
that does not have a restriction against antennas.

It is now time for the government to recognize that CC&R restrictions are
affecting the disaster communication readiness of the nation and provide the
protection to the amateur radio operator necessary to provide the
emergency communication.  I urge you to introduce and support legislation
that prohibits the HOA from implementing and enforcing restrictions against
amateur radio antennas in order to protect this
valuable national resource.

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