On Thu, Jul 10, 2014 at 2:27 PM, beamar via VHFcontesting <
vhfcontesting@contesting.com> wrote:
> A very good point. What this would mean is that part of a legally binding
> agreement is now no longer legal. You cannot write a contract to do
> something illegal. Is the legislation retrospective or just prospective?
> Unless the bill is quite clear about this, it will probably be litigated.
>
In our zeal to support this legislation, we must be aware of the fact that
we are dealing with private contracts that were legal at the time they were
signed. IANAL, but I believe you are correct that the bill, or the
implementing rules, will have to be very clear about how existing contracts
are going to be handled.
That said, the existing FCC OTARD rules may provide some guidance as they
nullified existing CC&Rs with regard to small satellite dishes and
over-the-air TV antennas.
The FCC has routinely said that they can't apply PRB-1 rules to CC&Rs
because they are private contracts. Yet, the OTARD rules clearly overrule
CC&Rs.
Bob...
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