Of Note...

The November 11, 2006 edition of Radio World has published a Commentary written by Don Schellhartd of Hams For Action.

Read it here.

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APPENDICES A THROUGH C

Of

HAMS FOR ACTION (HFA)

PETITION FOR RULEMAKING

July 12, 2006

APPENDIX A:

COMPARISON ON KEY POINTS:

ISRAEL/ROSS ANTENNA BAN BILL (H.R. 3876)

And

HAMS FOR ACTION (HFA)

PETITION FOR RULEMAKING TO THE FCC

(5/22/05) (7/12/06) Reason(s)

H. R. 3876 HFA PETITION For Change

How many hams ALL hams. Only hams who Reduces impact

are protected by have self-certified of overrides on

overrides of themselves to the neighborhoods.

antenna bans? FCC as Emergency

Communications Strengthens case

Operators (ECOs). for overrides by

ECOS are hams tying them to a

with Em-Comm clear neighborhood

Training and also interest.

Membership in

a group such as Creates incentive for

ARES, MARS, etc. hams to be ECOs.

Who must provide Homeowners’ HOAs and/or Due to the prevalence

“reasonable Associations covenants and/or of apartments, cities accommodation” (HOAs) and/or landlords. will be left out if we

of ham antennas? restrictive only address HOAs

covenants. and covenants.

How is “reasonable Not defined. Antenna limits While the “rebuttable

accommodation” Will presumably are “rebuttably presumption” allows

defined? be defined presumed” to be litigation, and/or

case-by-case “reasonable” if case-by-case

over time, they allow wire negotiations, it saves

probably through antennas of 20 time and money by

litigation on feet for townhouses avoiding the need

many occasions. and SF homes and for them when they

antennas of 3 feet are not required or

for apts./condos. desired.

Don Schellhardt, Esquire KI4PMG of HFA July 12, 2006

APPENDIX B:

An Outline of

HAMS FOR ACTION (HFA) PETITION FOR RULEMAKING

July 12, 2006

HFA has filed a Petition on antenna bans with the FCC.

To facilitate action by the FCC, here is a Checklist of provisions:

HAMS ELIGIBLE TO BENEFIT FROM ANTENNA BAN OVERRIDES

Self-certified Emergency Communications Operators (ECOs):

Continuing Active Membership in RACES, ARES, MARS

or a comparable organization ____

Successful completion of ARRL EmComm Training I

or comparable training ____

(Within 1 year) Successful completion of EmComm

Training II or comparable training ____

(Within 1 year) Upgrade, if needed, from Tech license

to a more advanced ham license ____

OTHER ELIGIBILITY REQUIREMENTS

Antenna and related equipment must be painted a color which

matches, at least approximately, the immediate

surroundings (exterior walls, trees, fences, etc.) ____

(Every 3 years) Ham must physically inspect the antenna and

related equipment, re-painting and/or repairing it as

necessary to keep it fully operational and maintaining

the aesthetic quality of its original appearance ____

WHO IS REQUIRED TO MAKE “REASONABLE ACCOMMODATION”

Homeowners’ Associations (HOAs) and/or restrictive covenants

(CCC&Rs) ____

Landlords ____

FINES

For fraudulent self-certification by hams:

$50.00 per day, up to a maximum of $2,000.00 in any

given 3-year period ____

For knowing failure to provide “reasonable accommodation”:

$50.00 per day, up to a maximum of $2,000.00 in any

given 3-year period ____

HAMS FOR ACTION (HFA)

An Outline of Petition For Rulemaking

July 12, 2006

Page 2

THE CONCEPT OF “REASONABLE ACCOMMODATION”

To minimize costly and time-consuming litigation, and other

• · possible delays, provide a definition of “reasonable
• · accommodation” -- stating that certain policies
• · will constitute a “rebuttable presumption” of
• · “reasonableness” (which can still be challenged
• · in court if any party can show atypical factors
• · which justify different standards) ____
• · STANDARDS THAT ARE “REBUTTABLY PRESUMED” TO BE REASONABLE

• Single Family Homes and Townhouses:

Height of at least 20 feet for antenna and related equipment,

or 4 feet above the structure’s roofline if that is higher ____

Width of antenna and related equipment that keeps it within

ham’s property ____

Wire antennas only ____

Condominiums and Apartments:

Height of at least 3 feet ____

Width of at least 3 feet ____

Placement as much as 18 inches away from affected

exterior wall(s) ____

Don Schellhardt, Esquire KI4PMG of HFA July 12, 2006

APPENDIX C:

TEXT OF POSSIBLE REGULATIONS TO IMPLEMENT

HAMS FOR ACTION (HFA) PETITION FOR RULEMAKING

July 12, 2006

PART ONE --

New Self-Certified Amateur Radio Operator Classifications

SECTION 101. (a) DEFINITION OF AN EMERGENCY COMMUNICATIONS OPERATOR (ECO). An Emergency Communications Operator (ECO) is a licensed Amateur Radio Operator who self-certifies to the [Federal Communications] Commission, subject to fines for any willful misrepresentation of a material fact, that he or she has successfully completed competent training in Emergency Communications and is a continuing Active Member of an organization which routinely engages in Emergency Communications, and/or in providing support services for “first responders” to emergencies, and/or in providing support services for the armed forces of the United States, and/or in providing support services for other government agencies.

(b) INITIAL SELF-CERTIFICATION. At the time of initial certification, an ECO must certify to the Commission that he or she:

(1) Holds a valid Amateur Radio license;

And

• · Has successfully completed Emergency Communications Training
• · I, conducted by the American Radio Relay League (ARRL), or
• · has completed comparable training in Emergency Communications,
• · with a comparable value in Continuing Education Units (CEUs).
• · (c) RE-CERTIFICATION AFTER 1 YEAR. To maintain the certification for more than 1 year, an ECO must certify to the Commission, on or before the first anniversary of the initial self-certification, that he or she:

• -2-

• · (1) Has successfully completed Emergency Communications Training
• · II, conducted by ARRL, or has completed comparable training in
• · Emergency Communications, with a comparable value in CEUs;
• · And
• · Has become an active Member of, and participant in, the Radio Amateur Civil Emergency Service (RACES), the Amateur Radio Emergency Services (ARES), the Military Affiliate Radio Service (MARS), SKYWARN and/or a comparable organization.
• · (d) RE-CERTIFICATION AT 3-YEAR INTERVALS. To maintain the
• · certification indefinitely, an ECO must certify to the Commission, within 60 days of the third anniversary of the initial self-certification, and within 60 days of the end of every subsequent 3-year period, that he or she continues to serve as an active Member of one of the organizations referenced in Section 101 (c) (3), or in a comparable organization.

• SECTION 102. REQUIREMENT TO MAINTAIN DOCUMENTATION OF COMPLIANCE WITH SELF-CERTIFICATION REQUIREMENTS. An ECO or a PART shall be required to maintain documentation of compliance with all requirements for self-certification, and shall be required to provide such documentation to the Commission within 5 days of any request for it by the Commission.

SECTION 103. PENALTY FOR FRAUDULENT SELF-CERTIFICATION. The penalty for any willful misrepresentation of a material fact, related to requirements for self-certification, shall be $50.00 per day, up to a maximum of $2,000.00 during any 3-year period.

-3-

PART TWO --

Requirements For “Reasonable Accommodation” Of

Certain Amateur Radio Antennas and Related Equipment

SECTION 201. REQUIREMENT FOR “REASONABLE

ACCOMMODATION” OF CERTAIN AMATEUR RADIO EQUIPMENT.

Other provisions of law notwithstanding, any restrictions adopted and applied by a Homeowners’ Association (HOA) and/or a restrictive covenant, and/or by a landlord, shall be null and void, and unenforceable, to the extent that they fail to provide for the reasonable accommodation of antennas and related equipment which is used by an Amateur Radio Operator who meets the criteria set forth in Section 202.

SECTION 202. DEFINITION OF AMATEUR RADIO OPERATORS WHOSE ANTENNAS AND RELATED EQUIPMENT MUST BE ACCOMMODATED UNDER SECTION 201. Section 201 shall be applicable to an Amateur Radio Operator who:

• · Is accurately self-certified as an Emergency Communications Operator
• · (ECO), pursuant to Section 101;
• · And
• · Has certified to the Commission, at the time of initial self-certification,
• · that all exterior antennas and related equipment, except wire-radiating elements and insulators, have been painted a color which matches,
• · at least approximately, the immediate surroundings (which may include
• · trees and fences, as well as exterior surfaces);
• · And
• · Has certified to the Commission, within 60 days of the third anniversary
• · of the initial self-certification, and within 60 days of the end of every subsequent 3-year period, that he or she:

• · -4-

• · Has performed, recently, and more frequently if needed,
• · a physical inspection of the exterior antenna and related
• · equipment;
• · And
• · Has undertaken whatever repairs and/or maintenance are
• · required to optimize safety and operational efficiency;
• · And
• · If necessary, has re-painted the antenna and/or related
• · equipment, except for wire-radiating elements and
• · insulators, and/or has otherwise restored any of the
• · equipment, to assure that it retains the aesthetic quality
• · of its original appearance.
• · SECTION 203. REBUTTABLE PRESUMPTIONS OF “REASONABLE ACCOMMODATION” FOR SINGLE FAMILY HOMES AND TOWNHOUSES. In the case of Amateur Radio Operators who meet the criteria set forth in Section 202, restrictions adopted by an HOA and/or a restrictive covenant, and/or by a landlord, shall be rebuttably presumed to constitute a reasonable accommodation if they allow:
• · Height for the antenna, and related equipment, of at least 20 feet, or 4 feet above the structure’s roofline, whichever is higher;
• · And
• · Width for the antenna, and related equipment, which is limited to the Amateur Radio operator’s property;
• · And
• · Wire antennas with a maximum wire size of AWG No. 12, or
• · wire antennas which use enameled copper or enameled steel.

• · -5-

SECTION 204. REBUTTABLE PRESUMPTIONS OF “REASONABLE ACCOMMODATION” FOR CONDOMINIUMS AND APARTMENTS. In the case of Amateur Radio Operators who meet the criteria set forth in Section 202, restrictions adopted by an HOA and/or a restrictive covenant, and/or by a landlord, shall be rebuttably presumed to constitute reasonable accommodation if they allow:

• · Height for the antenna, and related equipment, of at least 3 feet;
• · And
• · Width for the antenna, and related equipment, of at least 3 feet;
• · And
• · Placement of the antenna at least 18 inches from any exterior wall(s);
• · And
• · Reasonable use of common space for wires, cables and similar
• · equipment to the extent that such use of common space is
• · demonstrably necessary for safe and efficient operation of the
• · Amateur Radio antenna and related equipment.
• · SECTION 205. POSSIBLE COMMISSION RE-CONSIDERATION OF REBUTTABLE PRESUMPTIONS OF “REASONABLE ACCOMMODATION”.

• Effective on the fifth anniversary of the effective date of Sections 203 and 204, upon the Motion of an affected party, or upon its own Motion, the Commission shall re-consider any or all of the rebuttable presumptions in Sections 203 and 204 if it can be demonstrated, by a preponderance of the evidence, that changes in technology, and/or in other circumstances, merit such re-consideration.

SECTION 206. PENALTY FOR KNOWING FAILURE TO PROVIDE FOR “REASONABLE ACCOMMODATION” OF CERTAIN AMATEUR RADIO EQUIPMENT. The penalty for knowing failure to provide for reasonable accommodation of certain Amateur Radio antennas and related equipment, used by Amateur Radio Operators who meet the criteria set forth in Section 202, shall be $50.00 per day, up to a maximum of $2,000.00 during any 3-year period.