FCC Holds Firm on CC&Rs

The FCC has again refused to consider extending the limited protections for amateur antennas that it has imposed on local and state governments to private homeowners’ associations. In rejecting a petition from a group known as Hams for Action (HFA) for the Commission to override covenants, conditions and restrictions (CC&Rs) that prevent amateurs from installing antennas, the FCC repeated its stand from a 2001 decision that state and local laws are different from CC&Rs in that the latter are agreed to voluntarily. “We conclude that HFA has not presented grounds for the Commission to revisit this policy,” said a letter from Scot Stone, Deputy Chief of the Wireless Telecommunication Bureau’s Mobility Division. The letter also reiterated the FCC’s stand that if hams are able to persuade Congress to mandate the inclusion of CC&Rs under the limited pre-emption policy commonly known as PRB-1, then the Commission would “expeditiously act to fulfill its obligation thereunder.”

This entry was posted on March 26, 2007 at 11:29 am and is filed under CQ News Service. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.