DA 12-1342
In the Matter of Uses & Capabilities of Amateur Radio Service Communications in Emrgencies and Disaster Relief:
Report to Congress Pursuant to Section 6414 of the Middle Class Tax Relief and Job Creation Act of 2012
GN Docket No 12-91
(With a title like THAT, this had to be written by a long time bureaucrat!!)
http://hraunfoss.fcc.gov/edocs_publi...-12-1342A1.doc
http://hraunfoss.fcc.gov/edocs_publi...-12-1342A1.pdf
http://hraunfoss.fcc.gov/edocs_publi...-12-1342A1.txt
“Nobody is going to feel sorry for us. 90% of the people don’t care, the other 10% are glad it happened.” — Clint Hurdle, 2019
BAN THE DH!
Fudd's First Law of Opposition: If you push something hard enough, it WILL fall down.
Teslacle's Deviant to Fudd's Law: It goes in, it must go out.
Just remember: Abraham Lincoln didn't die in vain. He died in Washington, DC
Cutch 300!!!!!
“Nero fiddled while Rome burned. Trump golfed.” — Bernie Sanders
Quando Omni Flunkus Moritati
My reading of it is that, essentially, nothing has changed.
All the world’s a stage, but obviously the play is unrehearsed and everybody is ad-libbing his lines. Maybe that’s why it’s hard to tell if we’re living in a tragedy or a farce.
15 pages? Someone could sneeze and 15 pages would come out in the government
Jim
The machine does not isolate us from the great problems of nature but plunges us more deeply into them. - Antoine de Saint-Exupéry
Too bad they didn't make recommendations against CC&Rs which preclude any type of radio transmissions, nor permit ANY type of antenna system.
THIS LINK HERE is what we have in Illinois. I am not sure if it overcomes CCR's or not. It was just signed into law a few months ago.
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Municipal Code is amended by adding
5 Section 11-13-1.5 as follows:
6 (65 ILCS 5/11-13-1.5 new)
7 Sec. 11-13-1.5. Amateur radio communications; antenna
8 regulations. Notwithstanding any provision of law to the
9 contrary, no ordinance or resolution may be adopted or enforced
10 by a municipality after the effective date of this amendatory
11 Act of the 97th General Assembly that affects the placement,
12 screening, or height of antennas or antenna support structures
13 that are used for amateur radio communications unless the
14 ordinance or resolution: (i) has a reasonable and clearly
15 defined aesthetic, public health, or safety objective and
16 represents the minimum practical regulation that is necessary
17 to accomplish the objectives; and (ii) reasonably accommodates
18 amateur radio communications.
19 A municipality may not regulate the antennas or antenna
20 support structures that are used for amateur radio
21 communications in a manner inconsistent with this Section. This
22 Section is a limitation under subsection (i) of Section 6 of
23 Article VII of the Illinois Constitution on the concurrent
1 exercise by home rule units of powers and functions exercised
2 by the State.
It's the same law enacted by several states prohibiting municipalities from enacting what amounts to stupid YUPPIE NIMBY ordinances, "you can't put that big ugly thing HERE because ____" sort of thing. The FCC nor any legislature dares to get involved with private agreements and contracts (CC&Rs, HOA Nazis, etc.) because doing so would raise "Constitutional rights" issues and cause countless years of very expensive courtroom scenes. Simply put, trampling on private citizens' rights is messy business and we're fed up to THERE, think of the political repercussions.
"The universe is under no obligation to make sense to you."
Neil deGrasse Tyson
73 de Warren KB2VXA
Station powered by atomic energy, operator powered by natural gas.
Well, first off, as my friend Chuck W3YNI found out... it doesn't matter what laws are on the books. If the municipality (or significant induhviduals therein) don't want your tower installed, for any or no reason... they may not be able to stop you, but they can slow you down, cost you money, and make your life miserable. It's not fair, it's not right, and most of the time it's not truly legal. But it happens.
[And I've already discussed this at length with K3AIR, so when I'm ready to put up my 30 feet -- 40 if I can find one more section of Rohn 25 -- I'll be ready.]
Second, WRT the FCC document: Is anyone really surprised? The FCC report told Congress what the FCC had already concluded, months or years before they were ordered to gather the data & research the situation. I would have been a lot more surprised if they HAD decided to pre-empt CC&R / HOA regulations to any degree. This was obvious from the start -- an exercise in futility, going through the motions to give the appearance of listening, following the letter of the law -- but not the spirit.
And it's not like it's the first time. Go back and look at the amplifier ban, the loss of 220 - 222 MHz, the elimination of the code exam, amongst many others: Whether you agree with the final decision or not, it is clear in looking over the documentation submitted, and the final conclusions drawn, that the FCC staff recommended, and the FCC Commissioners approved, what the staff had originally proposed, with at best minor or inconsequential differences.
Nothing has changed.
“Nobody is going to feel sorry for us. 90% of the people don’t care, the other 10% are glad it happened.” — Clint Hurdle, 2019
BAN THE DH!
Fudd's First Law of Opposition: If you push something hard enough, it WILL fall down.
Teslacle's Deviant to Fudd's Law: It goes in, it must go out.
Just remember: Abraham Lincoln didn't die in vain. He died in Washington, DC
Cutch 300!!!!!
“Nero fiddled while Rome burned. Trump golfed.” — Bernie Sanders
Quando Omni Flunkus Moritati
And nothing will change. Hams are 0.2% of the population. That's not even a pimple on an elephant's ass.Originally Posted by W3WN
"People Who Don't Want Their Beliefs Laughed at Shouldn't Have Such Funny Beliefs" -AD5MB
"If someone tells you he believes in and talks to an invisible bunny named Harvey, you put him on medication and a regimen of therapy. If someone tells you he believes in and talks to God, well, that's perfectly acceptable. Why that's the case is impossible for me to fathom." - WP2XX
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