[HQRP] Re: H.R. 4720 -- Comment & Questions

[Rick Hiller]

Comment and question on HR 4720.

   Ok, so when this HR is signed into law,  all CCR's within Texas (for the 
sake of this discussion) could reference local or state 
regulations...AND....this for us in Texas would be the state legislation 
for antennas that just passed last session within the Texas legislature.

What was that...I can't find my old e-mails?


I assume it would not be an automatic change, as the CCR's currently in 
place would be 'grandfathered' .....BUT .....if you presently lived under 
antenna restrictive CCR's  you would at least have a federal ruling that 
would be the 'light at the end of the tunnel'.   That is, if you could get 
a majority of home owners within your area to agree and change the deed 
restrictions.

Any new CCR's or ones being rewritten would have to reference the state or 
local antenna regulations...specifically in reference to amateur radio 
antennas.

Now this is ironic ...having to disguise your TV antenna to look like a ham 
antenna just to get clear TV reception...WOAH!

Rick...W5RH



> >
> > >From ARRL Letter:
> >
> > ==>LANDMARK BILL COULD PROVIDE AMATEURS RELIEF FROM RESTRICTIVE COVENANTS
> > A bill introduced in Congress this week could provide relief to amateurs
> > prevented by private deed covenants, conditions and
> > restrictions--CC&Rs--from installing outdoor antennas. Rep Steve Israel
> > (D-NY) introduced the "Amateur Radio Emergency Communications Consistency
> > Act" on May 14. The bill has been designated H.R. 4720. Rep Greg Walden,
> > WB7OCE (R-OR)--the only Amateur Radio operator in Congress--and Rep Pete
> > Sessions (R-TX) have signed on as original cosponsors.
> >
> > With respect to ham antennas, the measure would subject private land-use
> > regulations to the PRB-1 limited federal preemption that now applies only
> > to governmental zoning and land-use regulations. It contains but one
> > sentence: "For purposes of the Federal Communications Commission's
> > regulation relating to station antenna structures in the Amateur Radio
> > Service (47 CFR 97.15), any private land use rules applicable to such
> > structures shall be treated as a state or local regulation and shall be
> > subject to the same requirements and limitations as a state or local
> > regulation."
>
> >
> > Haynie said the important thing to point out is that the bill, if passed
> > by both houses of Congress and signed by the president, would give
> > amateurs living under CC&Rs an opportunity for reasonable accommodation
> > they don't have now.
>
> > I urge you to co-sponsor H.R. 4720, the "Amateur Radio Emergency
>Communications Consistency Act," sponsored by Rep. Steve Israel. The bill
>would alleviate a problem facing many federally licensed Amateur Radio
>operators living within development communities who are subject to
>unreasonable restrictions or outright prohibitions regarding the
>installation of external antennas.
> >
> >
> > Under current law, the FCC applies a policy that instructs states and
>localities that they must reasonably accommodate Amateur Radio antenna. The
>policy, however, fails to address situations affecting private land-use
>groups. Rep. Israel's bill would ensure consistent application of these
>regulations.


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