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FCC Denies Missouri Ham’s Petition Regarding CC&Rs

01/31/2013

On January 28, the FCC denied a Petition for Reconsideration (PFR) filed by James E. Whedbee, N0ECN, of Gladstone, Missouri. Whedbee filed the PFR in May 2012 in response to the FCC denying his Petition for Declaratory Ruling (PDR) filed in April 2012 that urged the FCC to address covenants, conditions and restrictions (CC&Rs).

In his PDR, Whedbee argued that CC&Rs restrict Amateur Radio facilities in violation of Section 310(d) of the Communications Act of 1934, as amended. He also asserted that there is a “controversy of CCR enforcement against Amateur Radio operators,” and “requested a declaratory ruling terminating the controversy by holding that such CC&Rs are unenforceable.”  

The FCC concluded that the Mobility Division “properly acted” on Whedbee’s PFR: “Given the opportunity for public comment already afforded by the Public Notice and the opening of GN Docket No. 12-91, and in light of the pendency (and later release) of the Commission’s report to Congress and the statutory purpose of that report, your Petition was moot, premature, repetitive and frivolous.” Read the FCC's letter to Whidbee here.

 



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