Re: RE: [BULK] - [TowerTalk] CC&Rs

[Jim Lux <jimlux@earthlink.net>]

At 02:08 PM 3/25/2004 -0500, Barry wrote:
> Hasn't OTARD voided the blanket prohbition of outdoor antennas,
> permitting small dishes and TV antennas?

Yes and no.. http://home.earthlink.net/~w6rmk/otard.htm has a lot of 
background.

OTARD is pretty limited in the types of antennas and, more to the point, 
the radio services, that are covered.  Broadcast, Broadband internet in a 
homeowner to central point architecture, MMDS, etc. (for instance, a 
dynamically configured multihop network would NOT be covered under OTARD, 
as currently written and interpreted)


>  Has anyone tried to call a
> small tribander, usch as a F12 C3 a TV antenna to get it by the
> rules?

A fairly lengthy discussion on ham-law about this..
a) FCC was very clear that ham antennas are NOT included in OTARD 
(broadcast only)
b) If you try to skate around and claim that your 10m-2m multiband beam is 
"designed to receive broadcast.." you might spend a lot of bucks showing 
you met the intent as well as the letter.


What OTARD does do is provide an opening into updating CC&Rs and rules&Regs 
to get rid of onerous "Thou shalt not radiate electromagnetic waves" or 
"Thou shalt not install antennas".  If the CC&Rs had a blanket no antennas, 
you might be able to (with tact and possibly guile) convince them to dump 
the blanket rule, and not bother to put in a new rule.  After all, you (or 
a shill) could point out that the new rule would be be more complex, and, 
raising the specter of future hassles, need to be revised as the ever 
changing regulatory landscape is modified to make reasonable accommodation 
to new internet and media access approaches. 

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