ARRL

ARRL General Bulletin ARLB056 (2001)

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ARLB056 FCC Denial Leaves League Eyeing Congressional Action on CC&Rs

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ARRL Bulletin 56  ARLB056
From ARRL Headquarters  
Newington CT  December 28, 2001
To all radio amateurs 

SB QST ARL ARLB056
ARLB056 FCC Denial Leaves League Eyeing Congressional Action on CC&Rs

The FCC has affirmed a November 2000 staff-level decision that
declined to include privately imposed deed covenants, conditions and
restrictions--CC&Rs--under the limited federal preemption known as
PRB-1. That policy requires municipalities to ''reasonably
accommodate'' amateur communication in antenna-related zoning and
regulation.

The ARRL last year appealed to have the full FCC review the earlier
denial. The Commission turned down the League's Application for
Review December 18 in a Memorandum Opinion and Order released
December 26.

''There has not been a sufficient showing that CC&Rs prevent Amateur
Radio operators from pursuing the basis and purpose of the Amateur
Service,'' the FCC said. The Commission said hams still can get on
the air without installing residential antenna systems by operating
away from home, while mobile or at club stations.

The FCC said it recognizes the importance of preserving the
integrity of contractual relations that CC&Rs represent. But it
asserted that the ARRL had ''submitted no specific evidence that
would persuade us to abandon our long-standing policy of excluding
CC&Rs in private covenants from our ruling in PRB-1.''

ARRL President Jim Haynie, W5JBP, expressed disappointment in the
Commission's ruling. ''The biggest problem Amateur Radio operators
face today is being able to put up an antenna,'' Haynie said. ''Our
only approach now is to get a bill into Congress.''

The FCC itself even hinted that Congressional action ought to be a
next logical step. ''However, should Congress see fit to enact a
statutory directive mandating the expansion of our reasonable
accommodation policy,'' the FCC declared in its MO&O, ''the
Commission would expeditiously act to fulfill its obligation
thereunder.''

In its Application for Review last year, the ARRL maintained that
the FCC should have the same interest in the effective performance
of an Amateur Radio station and in the promotion of amateur
communications regardless of whether the licensee's property is
publicly regulated or privately governed by homeowners' associations
and their architectural control committees.

A copy of the FCC's Memorandum Opinion and Order in RM-8763 is
available on the FCC Web site,
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-372A1.doc .
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