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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 |
#2
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#3
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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! |
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