Let’s hear from an amateur radio operator

Last week I wrote about a proposed bill that had been introduced into Congress that would allow radio towers in our backyards for amateur radio use. I oppose the bill because I do not think the government should intervene in the governing process of our homeowners associations. But I would like to thank amateur radio operator Bill Smith for writing in to give me his opinion.

I am a long-term amateur radio operator, and I serve as the current emergency coordinator for the Clark County Amateur Radio Emergency Service’s volunteer team of amateur radio operators (200 members). Also, I am Nevada-licensed attorney. Therefore, I read your column with a high degree of interest, and I might add with some disappointment due to the lack of facts concerning HR 4969, otherwise known as the ‘‘Amateur Radio Parity Act of 2014,” To me, your article implies that HOAs will have absolutely no say in the erection of antennas and towers. In my opinion, such an implication simply is not true.

First, I believe there is indeed, a demonstrated clear and compelling interest for this legislation. The fact that this proposed nonpartisan bill was even initiated, suggests the existence of a compelling interest. This bill follows a study and a series of public comments to Congress concerning the real threat to amateur radio emergency communications capabilities posed by HOAs and their rules.

The current Federal Emergency Management Agency director, Craig Fugate, is a licensed amateur radio operator, and he has repeatedly and publicly described the significant and vital role amateur radio has and continues to play when normal communications are disrupted or disabled in times of disasters and widespread emergencies.

If you read the simple, three-page bill, you will see that while the bill would, as you correctly state, pre-empt community rules and HOA blanket prohibitions of outdoor antennas and towers, the bill clearly mandates that HOAs would have to only make a reasonable accommodation to any (validly) licensed amateur radio operator seeking to erect an outdoor antenna or tower. Stated another way, the bill does not give HAMS the unfettered right to erect anything they want.

This bill merely would impose a decades-old Federal Communications Commission policy, titled PRB-1, which strongly recommends and advocates that governmental entities give amateur radio operators reasonable accommodation with respect to towers and antennas. Fortunately, due to court decisions supporting PRB-1 and recognition of the important contribution that amateur radio operators provide during emergencies, many states, including Nevada, have enacted laws that require county and municipal agencies to provide such accommodation when reviewing applications/permits to erect or install such outdoor structures.

One thing the proposed bill would not exempt is any statutory requirement for the amateur radio operator/homeowner to obtain a building permit that might apply to the proposed structure. HOAs would, in my opinion, have the absolute right to demand proof of a permit before granting the reasonable accommodation. The bill would impose no more of a restriction on HOAs than what already applies to county and municipal governments under Nevada law.

For more facts about HR 4969 visit (www.arrl.org/hr-4969, the website of the national organization that represents U.S. amateur radio operators, the American Radio Relay League

Here are a few highlights:

■ If passed, it will ensure that every HAM in the U.S., regardless of the community he or she lives in, will have the opportunity to practice the avocation from their own homes without breaking any rules or fear of reprisal.

■ If enacted, HR 4969 would direct the FCC to extend the reasonable accommodation protections to those amateurs who are living in deed-restricted communities.

■ HR 4969 would not give Amateurs “carte blanche” to do whatever they wished. It would require HOAs and other private land-use regulations to extend reasonable accommodation to amateurs wishing to erect antennas. As an example of a “reasonable accommodation,” an HOA might not grant a request to erect an 80-foot tall tower, but might allow a shorter tower, citing city/county codes or safety reasons, .e.g., adequate grounding, etc. I can assure you that the Clark County permitting process &requirements for the erection of a tower are very stringent.

■ Served agencies include the American Red Cross, the Salvation Army, FEMA and the Department of Defense. Disaster relief planning exercises and emergency communications certification courses guarantee trained operators throughout the U.S. Locally, our volunteer team supports Emergency Management for Clark County, Las Vegas; North Las Vegas; Henderson and Boulder City, Las Vegas Chapter of the American Red Cross, and most hospitals in the Las Vegas Valley.

I reside in a development with CC&Rs, but without an HOA. The CC&Rs do contain, what I feel to be broad and vague restrictions on outdoor antennas. I have had to limit my two 5-foot foot long vertical VHF/UHF antennas (which I use primarily for emergency communications and training) to my attic.

Such installation has the effect of limiting my access to some amateur radio repeaters that can be used in emergency or disaster situations. Also, I can only conduct HF (shortwave) communications by using a compromise, low-profile, ground-mounted vertical antenna about 10-feet-high, Such is the impact on me by our CC&Rs.

Because you are a real estate professional, I imagine that you would also be concerned about the potential impact (or lack thereof) of amateur radio antennas or towers on home or property values.

Some courts have considered such evidence in ruling on cases where an amateur radio operator has had to file a lawsuit against their local government zoning board, challenging the notion that property values would be adversely impacted by a tower.

I am a frequent reader of your column and have found it to contain much useful information which has been passed on to former clients who reside in a covenant controlled community as a reference or to provide an appropriate explanation or a course of action. However, in this instance, I was very disappointed with what I believe to be misleading implications of HR 4969.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to the Association Q&A, P.O. Box 7440, Las Vegas, NV 89125. Fax is 702-385-3759, email is support@hlrealty.com.