This seems to be a very well composed ECFS Filing from Leonard J. Umina, W7CCE as it relates to modify how PRB-1 reads and who it could effect. Currently individuals, such as myself who signed a private contract (CC&R) is not covered under PRB-1. To be honest, I did cite PRB-1 in my exemption proposal I submitted to my HOA Board of Directors calling for “reasonable accommodation” knowing full well this document did NOT provide me any protect, but I felt it was a legal document on my side.
Today I read this filing from W7CCE and he makes an excellent argument against the “discriminatory” factors of PRB-1, “10. PRB-1 protects the wealthiest 10% of the population from unreasonable restrictions on their antenna structures – those lucky or productive enough to own their own homes outside the reach of restrictive private contracts.”
Unfortunately amateurs, like myself who successfully petitioned their HOA are probably few and far between. Since winning my exemption in 2007 I have not had any complaints from my neighbors, nor have any complaints been brought forth to me by the HOA. To date, I have not seen any articles in magazines like QST or CQ on how to petition an HOA to strengthen their case. There have been dozens of articles on the “art of stealth” when it comes to building antennas that are not obvious or go against the CC&Rs. One of the most common, a simple flagpole antenna.
In the interest of the Amateur Radio Service, public policy, Constitutional Law, environmental policy, and to remove discrimination against the poor, minorities, women, the young, and approximately 90% of the population which lives under restrictive agreements of one sort or another, Petitioner requests that PRB-1 be immediately extended to preempt all private contracts thereby requiring reasonable accommodation of Amateur Radio and SWL interests.
I fully support this filing from W7CCE and would throw my support behind it, and allow me more opportunity when it comes to amateur radio. It will be interesting to see and hear what becomes of this filing. Hopefully the FCC looks upon it favorably and a strong paper like this is above to cut through the red tape and allow more individuals the opportunity to experience amateur radio.