On Feb 3, 1:39 pm, Jeffrey D Angus wrote:

Which goes back to what I said originally:

Do we all have to act like having an FCC grant (license)
somehow makes us above the law?

And my point was that *some* hams think that way. Not all. And it's not
about the license grant.

What I think is the really bad part is that such comments display an
ignorance of the law which weakens their case. Yes, state and local
governments cannot regulate radio the way FCC does. No, that does not
mean an amateur has carte blanche when it comes to antennas.

Back when I was living in Culver City, I'd put a pair of
push up masts at opposite ends of the house to string a
multi-band dipole between. About 5' above the crest line
of the house. Just the poles, I hadn't put the dipole up
yet.

My neighbor's wife called in tears, "I can see that pole
from every window of my house."

How?

I mean, unless her house only had windows on the side facing your
house, she was clearly incorrect.

Later that evening her husband called and threatened me
with all sorts of law suits etc. etc. I suggested that if
his view was ruined he should consider moving to an area
with CC&Rs. Of course, the down side would be their new
neighbors would have their yappy dogs put to sleep.

I didn't hear another word out of him for 6 months.

But he eventually got over it, right?

Although he did show his displeasure by refusing to trim
the ivy on his fence for a whole year. Until the city made
him cut it back.

Well, I must be lucky, because around here the neighbors ask if theycan
help. Shovel each others walks and driveways when it snows, mow each
other'slawns when on vacation. Many of the homes share driveways; one
pair of families I know put basketball hoops on both sides so the kids
can play full court.

Some houses have TV antennas, ranging from relics of the 1950s to those
little dishes. I have a mast and 80/40/20 inverted V with the center at
40 feet. Some people garden extensively, some play music, some are
constantly upgrading their properties, somehang out on their front
porches whenever weather permits. Nobody gets upset aboutany of it.

On Halloween I can count on at least 100 kids showing up for trick or
treat. Then there are the Christmas displays..

Two summers ago the neighbor across the street had a tie-dye party on
the front lawn. It was a blast.

You can't force that sort of stuff by regulation. We lend each other
tools and give away surplus materials. (Neighbor'scomputer monitor
failed, I went up to the attic and gave him one of myspares...)

CC&Rs? What are they?

73 de Jim, N2EY

On 2/4/2010 8:18 AM, wrote:
On Feb 3, 1:39 pm, Jeffrey D Angus wrote:

Which goes back to what I said originally:

Do we all have to act like having an FCC grant (license)
somehow makes us above the law?

And my point was that *some* hams think that way. Not all. And it's not
about the license grant.

What I think is the really bad part is that such comments display an
ignorance of the law which weakens their case. Yes, state and local
governments cannot regulate radio the way FCC does. No, that does not
mean an amateur has carte blanche when it comes to antennas.

I think you've come to the nub of the problem: I resent the notion that
the Federal government would apply Force Majeure to override CC&R
clauses forbidding TV antennas, but leave restrictions in place for
Amateur Radio skyhooks.

To be sure, there's a value judgement involved: the FCC had to decide
that the "value" of television outweighs that of preventing individuals
from having to suffer something they consider to be an eyesore. I, on
the other hand, think that my antennas deserve as much consideration as
a satellite dish, no matter what the content they help to convey.

Bill, W1AC

--
(Filter QRM for direct replies)

In article , Bill Horne
wrote:

To be sure, there's a value judgement involved: the FCC had to decide
that the "value" of television outweighs that of preventing individuals
from having to suffer something they consider to be an eyesore. I, on
the other hand, think that my antennas deserve as much consideration as
a satellite dish, no matter what the content they help to convey.

I don't believe that the value judgement was on the part of the FCC. As
I recall, its origin was the United States Congress.

http://www.fcc.gov/mb/facts/otard.html

The FCC simply did as they were told, and implemented regulations which
enforce the intent of Section 207 of the Telecommunications Actof 1996.

The FCC has repeatedly been asked to expand the OTARD rules to cover
amateur radio antennas. They have repeatedly responded that they don't
feel that they can re-interpret Federal law to do so... it would go
well beyond the wording and intent of the cited law.

If Congress chooses to change the law (or pass a new one) and give the
FCC the explicit authority to override CC&Rs with regard to amateur
radio antennas, then I have little doubt that the FCC would once again
do as they were told, and enact new regulations.

Unless and until Congress acts in this way, the FCC is very unlikely to
change the regs... because, I suspect, they're pretty sure that if they
did so, somebody would take them to court for misinterpreting the law,
and the FCC would probably lose.

If you want OTARD expanded to include an exemption for amateur radio
antennas, write your Congress-critter. There have been bills
introduced several times in the past few years, to do just this... and
they've all died for lack of support.

--
Dave Platt AE6EO
Friends of Jade Warrior home page: http://www.radagast.org/jade-warrior
I do _not_ wish to receive unsolicited commercial email, and I will
boycott any company which has the gall to send me such ads!