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4 <br />states that he has beer, forced to give up operating amateur radio equipment <br />except a hand-held 2 meter (144-14.3 MHz) radio transceiver. He maintains <br />that he should not be penalized ju::t because he lives in an apartment. <br />Other restrictive covenants are less global in scope than those cited above. <br />For example, Rcbert Webb purchased a home in Houston, Texas. His deed <br />restric.tlon prohlti'ted "transmitting or receiving ant­,nas extendir.g Lwa <br />the roof line." <br />8. Amateur operators generally oppose restrictive covenants for <br />!-eve-,'al reasons. They maintain -!-,hat such restrictions limit the places that <br />',ey can reside if they want to pursue their hobby of amateur radio. Some <br />state that they :mpinae on First Amendment rights of free speech. Others <br />telieve that a constitutional right i, being abridged because, in their <br />view, everyone gas a right to access *he airwaves regardless of where they <br />live. <br />9. The contrary belief held by housing subdivision communities and <br />condominlmum or hom(owner's associations Is that amateur radio installations <br />constitute safety haz-3rds, cause interfe-;ance to other electronic equipment <br />which may be Dperat_. in the home k.ele, "ons, radio, stereos) or are <br />e­�sores that detrac' from the eesth,` c and tasteful appearance of <br />housing development o, apartment cxiplex, To counteract these nega <br />consequences, the subdivisions and associations include in their df <br />leases or by-laws restrictions and limitations on the IocUtion any <br />of antennas or, in some cases, prohibit them altogether. The restrictive <br />covenants arP contained In the contractual agreement entered Into at the <br />tiro^ 'le a or lease of the property. Purchasers or lessees are free <br />t- w, ier they wish to reside where such restrictions on amateur <br />F. are in effect or .,ettlf. Isewhere. <br />10. 71. )artment of ^1fense (DOD' supported the ARRL and emphasized <br />is cimments that conti.iu&d success L` existing national securl1v and <br />emerg'.icy preparedness te!ecommunicatlons plans Involving amatt s ations <br />would be severely diminished If state and vocal ordinances w_r( iowed to <br />prohibit the construction and usage of effellive amateur transmission <br />4aciIIt1es. DOD utlIizes volunteers !n -he MI,itF--v AffiIlate Radio ServlcP <br />(MARS)4, Civil Air Fa roi and the Radio Am ,e,r Civil Emergency Service <br />(RACES). It points out that e volunteer crxnmunica-ors are operating <br />radio equipment installed ! sir homes and that undue restrictions on <br />MARS is solely under the auspices of the mili-ary which recruli' <br />,.,olunt?er amateur operators to render ass!stance to it. The Commiss, i <br />is not Involved in the YARS program. <br />