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11-17-1986 Planning Packet
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11-17-1986 Planning Packet
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al <br />d <br />s <br />nd, <br />erf <br />^^'41 ^sr:3r?:r <br />that he should not be penalized Just because he lives In an apartment. <br />Other restrictive covenants are less global In scope than those cited above, <br />ror example, Robert Webb purchased a home In Houston, Texas, His deed <br />"transmitting or receiving antennas extending above <br />8. Amateur operators generally oppose restrictive covenants for <br />several '’®3sons. They maintain that such restrictions limit the places that <br />V amateur rad?o. Sole ^state that they Impinge on First Amendment rights of free speech Other*; <br />vtli^'^A ^ constitutional right Is being abridged becauL, In their <br />live! ® +0 access the airwaves regardless of where they <br />^ A^\ contrary belief held by housing subdivision communities and <br />homoowner»s associations Is that amateur radio Installations <br />hazards, cause Interference to other electronic equipment <br />which may be operated In the home (televisions, radio, stereos) or are <br />eyesores that detract from the aesthetic and tasteful appearance of the <br />housing development or apartment complex. To counteract these negative <br />consequences, the subdivisions and associations Include In their deeds, <br />leases or by-laws restrictions and limitations on the location and helcht <br />of antennas or. In some cases, prohibit them altogether. The restrictive <br />covenants are contained In the contractual agreement entered Into at the <br />time of ■^he sale or lease of the property. Purchasers or lessees are free <br />to choose whether they wish to reside where such restrictions on amateur <br />antennas are In effect or settle elsewhere. <br />Support I no Comments <br />% <br />ao. the .Pgpa^^ and emphasized <br />In Its comments that continued success-^of^ex I sting national security and <br />emergency preparedness telecommunications plans Involving amateur stations <br />diminished If state and local ordinances were allowed to <br />prohibit the construction and usage of effective amateur transmission <br />I utilizes volunteers In The Military Affiliate Radio Service <br />^ Amateur Civil Emergency Service(RACES). It points out that these volunteer communicators are operating <br />radio equipment Installed In their homes and that undue restrictions on <br />4 MARS Is solely under the auspices of the military which recruits <br />volunteer amateur operators to render assistance to It. The Commission <br />Is not Involved In the .MARS program. <br />>■m
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