FCC Says “What Restrictive Covenant Problem?”

From the ARRL web site:

On August 20 — in response to a Spring 2012 Congressional directive — the Federal Communications Commission released its findings on the Uses and Capabilities of Amateur Radio Service Communications in Emergencies and Disaster Relief: Report to Congress Pursuant to Section 6414 of the Middle Class Tax Relief and Job Creation Act of 2012.

There was hope that the thousands of comments from amateur radio operators concerning the restrictions that homeowners associations place on the use of antennas would get the FCC’s attention. Maybe the FCC would see that the overall effectiveness of the amateur radio service for emergency use is being limited by these arbitrary, overly restrictive rules? (See a summary of my comments here.)

But, the FCC responded with this simple statement:

Moreover, while commenters suggest that private land use restrictions have become more common, our review of the record does not indicate that amateur operators are unable to find homes that are not subject to such restrictions. Therefore, at this time, we do not see a compelling reason for the Commission to revisit its previous determinations that preemption should not be expanded to CC&Rs.

I am not surprised by this response but still disappointed.

73, Bob K0NR