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Author Topic: It is Illegal to prohibit the use of TV Antenna's  (Read 4845 times)

Posts: 26


« on: January 08, 2004, 01:38:07 PM »

I realize that this is not necessarily a Ham Radio issue... but I thought that some of you might find it interesting.

The following link to a page on the FCC website outlines how and why it is illegal for any entity (including ccr's) to prohibit the installation of Television Antenna's expect under certain circumstances (safety issues, historic... etc).



Posts: 325

« Reply #1 on: January 10, 2004, 10:51:27 PM »

Randy :

Your post is very relevant. Force 12 makes an antenna called
the SIGMA SV-5 that covers the high bands and looks like
a TV antenna and mast. In fact it can be used for TV reception so technically one could say it is a TV antenna.

This might be one way for folks to get around restrictions.

I also personally know a couple of FL hams using the Force 12 flagpole antennas and they work quite well. No US community is going to prohibit someone from putting up a US flag!

Michael VE3WMB

Posts: 1524

« Reply #2 on: January 10, 2004, 10:57:26 PM »

There are indeed communities with CCRs that prohibit flag poles in the US.

Posts: 3160


« Reply #3 on: January 11, 2004, 01:02:17 AM »

There are even some communities that prohibit the display of ANY flags!!!  Go figure that one.

Dennis - KG4RUL

Posts: 1003

« Reply #4 on: January 11, 2004, 12:00:09 PM »

We had some here in NC that even refused
to fly the US Flag.  The NC General
Assembly took care of that right away.
Passed a law that declared such a restriction
against public policy and therefore ended it.

Sometimes it's better to work at the state/
commonwealth level than thru your congresscritter.

73 de Ronnie

Posts: 751

« Reply #5 on: January 11, 2004, 05:49:25 PM »

AMEN, to the above! While I was (am) in the middle of legal problems caused by my 2 towers (in a non-restricted area!), I ran across an AOL News item that described the plight of a US Marine (ret), that was being sued by his HOA. He was trying to fight it, but his legal bills have run so high, he will probably lose his home.....He just wanted to display the Flag that he was so proud of.....

Another story that was in the AOL news, was the ultimate. Seems some Nothern Calif. community even had restrictions against driving on freshly fallen snow! One poor disabled lady was being sued by her "good neighbors" (gee, I thought all the a-holes were here in Florida!), because she used her 4WD to go get her mail!!!!

Yep, 'land of the free'.......



Posts: 3189

« Reply #6 on: January 14, 2004, 10:04:38 PM »

>>>>Seems some Nothern Calif. community even had restrictions against driving on freshly fallen snow! <<<<

Hmmm.. isn't this more related to motorists safety?

What's the rationale?

Posts: 3189

« Reply #7 on: January 14, 2004, 10:32:30 PM »

(permitted) "An antenna that is one meter or less in diameter or diagonal measurement and is designed to receive video programming "

(permitted) Masts cannot be higher than 12 feet above the roofline.

"This definition does not include, among other things, AM/FM radio, amateur ("HAM") radio, Citizens Band ("CB") radio, and Digital Audio Radio Services ("DARS") signals."

Here's what I find interesting:

(there are no) "restrictions on viewers' ability to receive video programming signals from direct broadcast satellites ("DBS"), multichannel multipoint distribution (wireless cable) providers ("MMDS"), and television broadcast stations ("TVBS")."

Therefore, I would have to conclude that while this rule indicates it does not apply to the reception of Amateur Radio signals, I would like to point out that Amateur signals are in the UHF television portion of the "TVBS" spectrum.

One could argue that since "Amateur Signals" can be technically recieved on UHF ATV frequencies that even non-amateurs may be prohibited from installing bonifide recieving TV antennas for recieving UHF TV channels based on the "Definition Clause" as mentioned earlier.

Perhaps the wording "amateur ("HAM") radio" should be removed from the "definition" portion to prevent landlords and CCR's from potentially abusing and misrepresenting the intended purpose of the legislation.


Charles - KC8VWM


Posts: 984

« Reply #8 on: February 06, 2004, 12:55:57 AM »

A clarification is in order about the Marine wanting to put up a flag. I read a report about this action. His HOA allowed him to put a flag up, just not the size he wanted. He wanted a flag much larger than they allowed and he fought them and lost. He was ordered to pay all court cost and he is going in debt to appeal the ruling. He CAN put up a flag, but it HAS to comply with the size requirements of his HOA.

Posts: 828

« Reply #9 on: February 16, 2004, 09:16:18 PM »

<a US Marine (ret), that was being sued by his HOA....He just wanted to display the Flag that he was so proud of..... >
 Except, before he erected the flagpole and the flag, he voluntarily entered into a contract which said he would abide by the terms of the association. And then afterwards he decided to erect the pole anyway, if I remember the article.
 That's just a big baby who had enough money to buy into a homeowners' association, and then complained he didn't like the agreement he made afterwards. Sour grapes, and he'd be a better credit to the Corps if he stopped telling people that he was a Marine--who couldn't keep his word. Flag, laundry pole, shrubbery...none of it matters, he just isn't keeping up to his part of the contract he signed.

 Why anyone would spend good money buying a home with 200 landlords controlling it (and usually the busybody with no sense is the association head because no one else wants the job), I can't understand.

Posts: 4

« Reply #10 on: February 24, 2004, 09:47:47 AM »

Quoted from an earlier post

"Why anyone would spend good money buying a home with 200 landlords controlling it (and usually the busybody with no sense is the association head because no one else wants the job), I can't understand."

THe underlinly problem is,,in some, many,  areas there is almost no way to avoid a HOA when purchaseing property.  I get so tied of this crying about buying into a HOA, and then complaining about it. Its so lame. Those that make that statement dont have to deal with the crap we do in florida,, as I suspect its the same way in other places to. I went way out in the country and still had to deal with HOA's. I know a ham that lives on an old dirt road,, that is part of a HOA.

and yes I finaly bought a house in a HOA,, its was better than commuting 40 miles to work each way. The only saving grace was the CC&R's themselves. Mine stated TV and other antennas had to be located in the back yard, so I located my 65 ft other antenna tower in the back yard. I have in effect complied to the CC&R's

Morral to this story,, read the CC&R's carefully, as they are not all created equally. I would also check on how much money they have to fight an issue like this. If your bank account is bigger than the HOA's,, I wouldnt worry that much. Mine HOA would go broke trying to hire and attorney in the first place, and well I know more attorney's that I have friends these days.. so I complied and I am not worried.



Posts: 555

« Reply #11 on: February 29, 2004, 10:30:40 PM »

I count myself as lucky, my HOA allows any type of antenna, so long as it doesn't exceed the rooftop by more than 5-Ft.

I realize that the FCC would allow my "TV" antenna an additional 5-Ft. above my rooftop, however, I am afraid that if I make an issue of the thing, they'll change the verbage to just allow TV, MMDS and Satellite antennas.

In our case, we chose this home because of the school district, many in the Tucson area are less than wonderful.

We all make housing decisions based upon a myriad of reasons.  My wife and I plan to purchase a few acres and build outside of any HOA.  Unfortunately, this may be outside of Pima County as a few rich folk who bought large acrages without HOAs and now want the county to prohibit Amateur antennas.

I realize that the PRB should protect us, but, unfortunately money talks louder than I will be able to when a county wide 40-ft antenna height limit goes into effect.

The bottom line, folks is that unless we fight to protect our privalege, even the smallest politico or bureaucrat can take our privalege away.

Donate to either the ARRL defense fund or one set up locally.  In numbers we have strength.  We must hang together for surely, our privaleges hang in teh balance.

73, de ka0gt/7


Posts: 388

« Reply #12 on: March 11, 2004, 10:25:31 AM »

KA0GKT makes a good point.  What if somebody moves in the neighborhood and start and HOA with some of the neighbors that don't know any better?  What if this HOA then tries to ELIMINATE your antenna?  What do you do?

I submitted for and got a permit from the town with specs on the base I wanted to build and my intentions to put in a 30 footer.  I also pay taxes on it.  Who then says that I must take it down?

If you make a decision to move into a neighborhood with an HOA with CCRs and other restrictions, it is your decision.  However, if the HOA is formed after the fact and then they try to force you to comply with any CCRs, then you need to fight it.

Bottom line for me is to live and let live as long as I do it by the laws of the land.  If somebody has a problem with that and make unreasonable and unsubstatiated claims and demands, then I'll take appropriate action.

73 DE Bert @ KA2UUP
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