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FCC Denies Missouri Hams's Petition Regarding CCRs:

from The ARRL Letter on January 31, 2013
Website: http://www.arrl.org/
View comments about this article!

FCC Denies Missouri Hams's Petition Regarding CCRs:

On January 28, the FCC denied a Petition for Reconsideration (PFR) filed by James E. Whedbee, N0ECN, of Gladstone, Missouri. Whedbee filed the PFR in May 2012 in response to the FCC denying his Petition for Declaratory Ruling (PDR) filed in April 2012 that urged the FCC to address covenants, conditions and restrictions (CCRs).

In his PDR, Whedbee argued that CC&Rs restrict Amateur Radio facilities in violation of Section 310(d) of the Communications Act of 1934, as amended. He also asserted that there is a "controversy of CCR enforcement against Amateur Radio operators," and "requested a declaratory ruling terminating the controversy by holding that such CC&Rs are unenforceable."

The FCC concluded that the Mobility Division "properly acted" on Whedbee's PFR: "Given the opportunity for public comment already afforded by the Public Notice and the opening of GN Docket No. 12-91, and in light of the pendency (and later release) of the Commission's report to Congress and the statutory purpose of that report, your Petition was moot, premature, repetitive and frivolous." Read the FCC's letter to Whidbee here http://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0125/DA-13-101A1.pdf.

Source:

The ARRL Letter

Member Comments:
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FCC Denies Missouri Hams's Petition Regarding CCRs:  
by W6EM on February 2, 2013 Mail this to a friend!
Perhaps another reason for his petition was the Commission's reluctance to include in its 12-91 proceeding Report to Congress the relevant data showing the suppression of amateur radio by developers and HOAs. There was plenty of it in the record. And, it was totally ignored by the Commission.

Maybe a better approach for Mr. Whedbee would have been to petition Houston Congresswoman Ms. Sheila Jackson-Lee, who asked for the the FCC report as part of omnibus legislation.
 
RE: FCC Denies Missouri Hams's Petition Regarding CCRs:  
by K7CB on February 4, 2013 Mail this to a friend!
I'm not surprised they rejected it. The FCC has made it pretty clear they don't care about this issue. I even wonder if they WANT the issue to continue in hopes that more and more current and potential amateurs find themselves restricted by them preventing fewer HAMs on the air. That way, the FCC can then say, "Hmmm, no one is using the spectrum so why do you need it?" and then take it away.
 
RE: FCC Denies Missouri Hams's Petition Regarding CCRs:  
by STRAIGHTKEY on February 4, 2013 Mail this to a friend!
Right, as if CCRs are having an adverse effect on ham radio right now. Your theory is about as plausible as the FCC coating licenses with cyanide in order to knock off hams. There are a lot more effective and quicker ways to eliminate ham radio than CCRs, like issuing a Report and Order.
 
FCC Denies Missouri Hams's Petition Regarding CCRs:  
by ZENKI on February 6, 2013 Mail this to a friend!
The FCC take a license fee for authorized use of the radio frequency spectrum allocations and yet they fail to protect the right to use this license.

If this was a broadcaster or cellphone provider congress would act in 1 second.

I find it bizarre that in a place like the USA there is not a political party that cares about this assault on an individuals property rights.

I find it bizarre that you have the right to carry a concealed weapon and use it in deadly manner, and yet on the other hand you are prevented from putting up a tower based purely on the subjective views of others. I thought a collective society was a communist one not a free democracy.

About my gun comments they not anti gun, I am pro gun and all i can say is dont let them introduce gun laws in the USA! Gun owners will deeply regret this toe in the door on gun control. Tower restrictions is just a reflection of the meaning of what the term "Society" means. A small bunch of prudes who want to control every aspect of what you say and do and its highly offensive when its your own property or money. If the USA loses individual civil liberties there is no hope for the rest of the world because the USA has always been a beacon of freedom and democracy.

Its easier putting up a 100ft tower in Japan and look how crowded it is there. People live on apartment size blocks yet they put up a 100ft tower on these blocks. Thats freedom!
 
RE: FCC Denies Missouri Hams's Petition Regarding CCRs:  
by STRAIGHTKEY on February 6, 2013 Mail this to a friend!
People who are subject to CCRs signed a contract, nobody held a gun to their head. If the government nullified a contract, people would be screaming about big government, communism, and nazi bs. You can't have it both ways. A ham license doesn't magically exempt you from legal obligations you made. People suffering under CCRs limited their own freedom, not the government.
 
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