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KA9LCF > NEWS 25.08.12 00:38l 135 Lines 5951 Bytes #999 (0) @ ALLIN
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Sent: 120824/2115Z 38223@KA9LCF.#NEIN.IN.USA.NOAM [169310]FBB7.01.35 alpha $:38
From: KA9LCF@KA9LCF.#NEIN.IN.USA.NOAM
To : NEWS@ALLIN
RADIO LAW: FCC RELEASES TEXT OF ITS R&O IN IMPEDIMENTS TO
HAM RADIO
The FCC has released its long awaited report to Congress
into the uses and capabilities of Amateur Radio Service
communications in emergencies and disaster relief
operations. It also delves into the existence of
impediments to this aspect of personal communications.
Amateur Radio Newsline's Don Carlson, KQ6FM, has the
details:
--
Don't look for Congressional action to override private land
use restrictions more commonly known as Conditions Covenants
and Restrictions or CC&R's even if hams believe that these
restrictions hamper them in times of emergencies. This is
because in its report to the legislative body, the FCC says
that, in its view, such restrictions do not constitute a
significant impediment to ham radio or those in the United
States amateur radio service.
In its report, the FCC noted that some of what it calls
"commenters" recommend that CC&Rs be preempted if they
prohibit antennas that are within certain limits. Others
suggest that private land use restrictions on amateur
antennas should be permitted only for safety considerations,
and not for aesthetic reasons.
However, another group believes that it is not necessary to
preempt private land use restrictions in order to promote
amateur emergency communications. This, given the ways that
even amateurs subject to CC&Rs can communicate effectively
and the nature of amateur emergency communications.
Moreover, while commenters suggest that private land use
restrictions have become more common, the FCC's says that
its own review of the record does not indicate that amateur
operators are unable to find homes that are not subject to
such restrictions. Therefore, at this time, the Commission
does not see a compelling reason for it to revisit its
previous determinations that preemption should not be
expanded to CC&Rs.
In relation to other impediments, the Commission says that
it has already preempted state and local regulations that do
not reasonably accommodate amateur radio communications and
do not represent the minimum practicable regulations to
accomplish the local authority's legitimate purpose. The
Commission says that it has also addressed regulations
regarding possession and operation of amateur radio
equipment while driving. These are state and local laws
that prohibit cellular telephone and texting devices and are
many times very broadly written as to catch hams, CB
operators and even commercial radio users into a confusing
maze of legal webs.
And as to any FCC rules that may be an impediment to the
various technical aspects of enhanced - read that as digital
amateur service emergency communications, the FCC believes
that these matters can be considered through the
Commission's rulemaking process. Consequently, it does not
believe that Congressional action is necessary to address
that issue either.
On the other side of the coin, the FCC notes that the ham
radio community and the emergency response and disaster
communications communities all agree that amateur radio can
be of great value in emergency response situations. The
regulatory agency notes that amateur radio carries with it a
wide range of advantages that allow it to supplement other
emergency communications activities during disasters. This
says the FCC, has been demonstrated time and again in a wide
variety of emergency and disaster situations including
Hurricane Katrina.
But at this point the regulatory agency sort of contradicts
itself regarding CC&R's, albeit it may not have noticed its
own mistake.
Here, the FCC notes that amateur radio emergency
communications require not only stations in a position to
originate the emergency message, but also as an alternative
to the commercial communications infrastructure impacted by
the emergency. This alternative infrastructure is the
network of amateur radio operators and their stations that
relay messages, build and maintain repeater stations and
repeater networks, operate High Frequency message networks
to send messages greater distances than are practical with
mobile or transportable transmitters, and develop new
technologies to improve the reliability of these networks.
As such, the FCC contends that this value could potentially
be increased, through cooperation among Department of
Homeland Security, public safety, emergency management, and
amateur radio emergency communications associations and
groups to develop future training protocols.
But what the FCC fails or refuses to address is how radio
amateurs living with CC&R's that restrict or outright forbid
antennas can possibly pass along emergency traffic using the
High Frequency bands. It's not likely that a long wire or
dipole hidden in a hams attic is going to break through to
any emergency net or pass traffic under adverse conditions.
Operating effectively on the High Frequency bands requires
decent outdoor antennas hung in the clear and this is
something that the FCC fails to address in this section of
its report.
Finally, the FCC recommends that the Department of Homeland
Security work with state, local, and tribal authorities to
develop disaster area access policies and qualifications for
trained amateur operators who provide emergency
communications support. The only question here is how you
get the attention of these agencies, many of whom consider
themselves autonomous are not interested in assistance from
the public at large.
For the Amateur Radio Newsline, I'm Don Carlson, KQ6FM in
Reno.
--
You can download and read the entire 15 page FCC accounting
to Congress at tinyurl.com/FCC-To-Congress-Report. It's
written pretty much in plain language and might well make an
excellent program for radio clubs and on-air discussion
nets. This is because it could easily set precedent in
regulation of the United States Amateur Service for decades
to come. (FCC)
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