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Home › Forums › Rants › HOA limitations › Reply To: HOA limitations

  • wn3r

    Member
    2024-02-25 at 17:29
    11
    Newbie posting rank

    1996

    As directed by Congress in Section 207 of the Telecommunications Act of 1996, the Federal Communications Commission adopted the Over-the-Air Reception Devices (“OTARD”) rule concerning governmental and nongovernmental restrictions on viewers’ ability to receive video programming signals from direct broadcast satellites …

    IMO, the ARRL let ham operators down by being ineffective in lobbying Congress to do what they did for the satellite industry. HOAs said NO ANTENNAS (some even said none inside either), yet Congress came along and passed rules that NOBODY could ban rooftop dishes in 1996. Even apartment and condo dwellers could have their own dishes.

    In FCC Rules Part 97, the first and most important reason for dedicating bandwidth to us hams is:

    Subpart A—General Provisions

    97.1 Basis and purpose.

    The rules and regulations in this part are designed to provide an amateur radio service having a fundamental purpose as expressed in the following principles:

    (a) Recognition and enhancement of the value of the amateur service to the public as a voluntary noncommercial communication service, particularly with respect to providing emergency communications.

    The rules and regulations in this part are designed to provide an amateur radio service having a fundamental purpose as expressed in the following principles:

    (a) Recognition and enhancement of the value of the amateur service to the public as a voluntary noncommercial communication service, particularly with respect to providing emergency communications.

    Yet, when hams want to live in modern urban or suburban communities, we are restricted from satisfying the first principle the FCC required of hams. How does that make sense? PRB 1 is simply ineffective against HOAs.

    I understand the concept of contracts between the private parties. Government regulation is often passed to improve the well-being of its citizens. Think clean air, clean water, sprinkler systems, traffic signs, signal lights, and a host of others.

    Emergency communications provided by hams seem no longer necessary in the US.

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