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Blind-Hams For blind ham radio operators <[log in to unmask]>
Date:
Fri, 1 Nov 2002 14:50:49 -0500
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Yes, Larry, I have quite a bit of info.

First, be clear on who is imposing this rule.  If it is a homeowners
association, you're going to be out of luck, I'm afraid.  The ARRL has
lobbied the FCC to expand it's PRB-1 decision in 1985 to cover CC&R's, which
are covenants and restrictions but the FCC felt this was beyond its perview
and has deferred that to Congress.  So far, Congress has not acted.

The PRB-1 requires that state and local governments not take actions which
would interfere with amateur radio antennas and that these be reasonably
accommodated.  This doesn't mean you can put up a 200-foot tower.  And, you
may have to assure the zoning board that your installation is safe.

However, CCR's are often contained in deed restrictions and as homeowners
association rules.  These are not enforced by local governments, so PRB-1
doesn't apply.

I have quite a bit of info from ARRL's regulatory compliance person, and you
can call them and get more info.  Also, you can do a search on the Net now
and get info on PRB-1.

If you want to explore things further, as I had to do with my township, you
might find the voluntary counsel program offered by ARRL helpful.  A threat
to take the township to court over my 55-foot tower got the item back in the
Zoning Board agenda with a recommendation by the Building Director to
approve the zoning permit.

Steve
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