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PA2AGA > HDDIG 18.08.00 23:37l 182 Lines 6927 Bytes #999 (0) @ EU
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Date: Fri, 18 Aug 00 20:22:37 MET
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Ham-Digital Digest Fri, 18 Aug 2000 Volume 2000 : Issue 224
Today's Topics:
Antenna Restrictions and Covenants (7 msgs)
Digital Video
MIXW32
NEW! PSK31 Mailing list!
PK232MBX - 25 - 9 pin serial lead help pse.
Portable - TNC / Radio (4 msgs)
PSK31 reception killed by RFI from PC... (3 msgs)
PSK31 Traders Net (2 msgs)
PSK31 with Linux... (2 msgs)
PSK activity?
Small TNC?
software
What software to choose (4 msgs)
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Loop-Detect: Ham-Digital:2000/224
----------------------------------------------------------------------
Date: Thu, 17 Aug 2000 12:13:13 -0500
From: "jack albert" <jwa@tellabs.com>
Subject: Antenna Restrictions and Covenants
Trying to purchase a new house without Antenna restrictions or covenants is
really difficult and
I'm a little bit confused on the FCC policies concerning the private
contractual agreements.
(I snipped the FCC's comments on a petition that was presented by the ARRL)
I was told by a real-estate agent that restrictions and covenants are
similar to leans against the property and
are held as public record at the County Dead Office. They are not signed
by or agreed to by persons that
purchase the property. They are adopted by the land developers and I guess
you can that they are policed
by the Home Owners Associations!
If I purchase the property and pay cash for it but I don't sign the covenant
or agreement. How can that be an
agreement between two parties and how can I be restricted by the covenants?
-------------SNIP--------------
Federal Communications Commission DA 99-2
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Modification and Clarification of Policies and )
Procedures Governing Siting and Maintenance ) RM-8763
of Amateur Radio Antennas and Support )
Structures, and Amendment of Section 97.15 )
of the Commission's Rules Governing the )
Amateur Radio Service. )
ORDER
Adopted: November 18, 1999 Released: November 19, 1999
By the Deputy Chief, Wireless Telecommunications Bureau:
-----SNIP---------
-----SNIP---------
III. Discussion
6. The Commission's policy with respect to restrictive covenants is
clearly stated in the MO&O establishing a limited preemption of state and
local
regulations. In the MO&O, the Commission stated that PRB-1 does not reach
restrictive covenants in private contractual agreements.17 The Petitioner
argues
that enforcement of a covenant by the court constitutes "state action", thus
converting what otherwise would be a private matter into a matter of state
regulation and, thus, subject to the Commission's limited preemption
policy.18
Notwithstanding the clear policy statement that was set forth in PRB-1
excluding restrictive covenants in private contractual agreements as being
outside the reach of our limited preemption,19 we nevertheless strongly
encourage associations of homeowners and private contracting parties to
follow
the principle of reasonable accommodation and to apply it to any and all
instances of amateur service communications where they may be involved.
Although we do not hesitate to offer such encouragement, we are not
persuaded
by the Petition or the comments in support thereof that specific rule
provisions bringing the private restrictive covenants within the ambit of
PRB-1
are necessary or appropriate at this time. Having reached this conclusion,
we
need not resolve the issue of whether, or under what circumstances, judicial
enforcement of private covenants would constitute "state action."
-----SNIP---------
------------------------------
Date: Thu, 17 Aug 2000 20:45:35 -0400
From: "Bob Lewis" <rlewis@staffnet.com>
Subject: Antenna Restrictions and Covenants
Your real estate agent is correct. By becoming owner of the property
you automatically accept all covenents and restrictions recorded with
the county even though you did not personally sign off on them. The
real kicker is that one of the covenents is usually that you agree to
abide by the decisions of the governing board of the homeowners
association. If 15 years from now they decide to restrict antennas you
may be prevented from adding any new antennas (existing antennas my be
grandfathered).
The only solution is to move to the country I guess.
------------------------------
Date: Thu, 17 Aug 2000 20:09:02 GMT
From: "George , W5YR" <w5yr@att.net>
Subject: Antenna Restrictions and Covenants
Jack, I believe that a good way to view a covenant is that it represents
a legally binding set of conditions on the *use* of the property to
which it is attached. Covenants are filed with the County Clerk - at
least in Texas - along with deeds, etc. The complete "package" for a
piece of property consists not only of a deed, etc. but also of any
covenants that have been filed.
So, there is no notion of a contract as I see it when you purchase a
piece of land with a covenant filed on it. It spells out conditions of
use which are legally binding. Effectively, you accept the conditions of
use when you accept title to the property. If there are any elements of
a contract, then you have effectively signed and agreed to the
conditions when you accept title.
Now, this may be the situation only in Texas, but I believe that it is
fairly universal.
When I bought this place (Texas talk!) I made sure that there was
nothing that precluded antennas and amateur radio operation. <:}
72/73, George W5YR - the Yellow Rose of Texas
Fairview, TX 30 mi NE Dallas in Collin county QRP-L 1373
Amateur Radio W5YR, in the 54th year and it just keeps getting better!
R/C since 1964 - AMA 98452 RVing since 1972 Kachina #91900556
(12/99)
jack albert wrote:
>
> Trying to purchase a new house without Antenna restrictions or covenants is
> really difficult and
> I'm a little bit confused on the FCC policies concerning the private
To be continued in digest: hd_2000_224B
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