Attempt to remove antenna restrictions

[Jim, W5JO]

The West Gulf Division is going to attempt a legislative initiative in Texas and Oklahoma that I hope will bear fruit.  I am posting the body of a recent message I received in hopes of reaching some of the guys in these states who may not receive it.  The message is self explanatory.  If this works, it might set a precendent.

Jim/W5JO



More and more hams live in residential subdivisions governed by deed restrictions, sometimes known as
Covenants, Conditions and Restrictions (CC&Rs), that prohibit the operation of ham radio stations and that
prohibit the erection of ham radio antennas.
The West Gulf Division believes these restrictions unreasonably infringe the rights of its members.
Accordingly, on June 14, 2008, the West Gulf Division announced at its Convention Meeting at Ham-Com
in Plano, Texas that the West Gulf Division Legislative Affairs Group intends to introduce legislation in the
2009 Texas and Oklahoma legislative sessions to eliminate CC&Rs that prohibit the operation of ham radio
stations and the erection of ham radio antennas in residential subdivisions.
Coy Day (N5OK), Division Director, conducted the Division Board Meeting before the Convention Meeting
to brief all Section Managers. The Section Managers for West Texas (John Dyer AE5B) and Oklahoma
(John Thomason WB5SYT) attended the Board Meeting and pledged their enthusiastic support for this
legislative effort.
This legislative effort will be conducted by the West Gulf Legislative Affairs Group, led by Dr. David
Woolweaver (K5RAV), West Gulf Vice Director and Division Legislative Action Chair. John Robert Stratton
(KE5ISX) will coordinate all legislative action in Austin.
But to successfully pass this legislation, the Legislative Affairs Group needs information and help from you.
If you are affected by CC&Rs, or if you want to help make it possible to enjoy ham radio without unreasonable
CC&R restrictions, please send an email to K5RAV@arrl.org AND KE5ISX@arrl.net. Include your call
sign, physical address and a copy of the sections of your deed restrictions/CC&Rs that limit your ability to
operate or erect antennas in the email. Please send the CC&R copies as PDFs.
If you can’t email the copy of the sections of your deed restrictions/CC&Rs that limit your ability to operate
or erect antennas, please mail them to:
CCR Investigation
PO Box 2232
Austin, Texas 78768-2232.
The Legislative Affairs Group will be forwarding updates once the legislation is introduced and throughout
the 2009 legislative session.
Thanks for the help.
73

[Pete, WA2CWA]

More and more hams live in residential subdivisions governed by deed restrictions, sometimes known as

Covenants, Conditions and Restrictions (CC&Rs), that prohibit the operation of ham radio stations and that
prohibit the erection of ham radio antennas.

Since I never read a CCR, I'm curious; Do they really prohibit the operation of a station?
i.e. Putting a mobile rig and antenna on a vehicle or operating from the inside of your dwelling with an HT?

As a ham, if I was looking to locate to one of these types of areas, I would read the fine print before I signed by name to a contract. I don't believe anyone forces you to live in one of these areas. In my opinion, this type of residential area is no different then living in an apartment complex, except, instead of dwellings being stacked side-by side and above and below each other, they're spread on a plot of ground separated by streets and yards. Although, an apartment complex is generally owned by a landlord that defines the rules.

[Jim, W5JO]

Well you are correct Pete.  But some CC&Rs do prohibit signal transmission, although they are rare compared to those that prohibit erection of towers or antennae for transmitting.

Unfortunately, some hams can't find housing in certain cities where the developer has instituted those restrictions. Most developments in "progressive" ( no political comment intended) cities and counties have them in one form or another.  I lived near a city that had what was called an Extra Territorial Zone, a 5 mile circumference from the city limits where the county enforced city building codes.  I had to apply for a building permit even though I was about 4 miles from the city.

I wouldn't exactly call where I live in Oklahoma progressive, but one development near the small city has the restriction against towers.  I found 2 acres where the development was older and it did not.  This has become a standard restriction almost throughout the US. 

As we all know an antenna in an attic or on a vehicle is not as efficient as one on a 40-60 ft. tower and that is the thrust I read from the message (hidden of course).  I really doubt if they will be successful, but be assured I will pester my state representatives relentlessly about the proposal.