Dan:
Thanks, but I don’t think this is the correct approach. Why not send it out from HQ in one felled swoop to all of our members?
Regards,
Dennis
From: Henderson, Dan N1ND [mailto:dhenderson@arrl.org]
Sent: Tuesday, March 27, 2012 2:55 PM
To: Bodson, Dennis (Dir, RK); Boehner, James (SM,SC); Sumner, Dave, K1ZZ; Chris Imlay; Blocksome, Rod, K0DAS; arrl-odv
Subject: RE: [arrl-odv:20643] FCC and DHS CC&R Study -- We need the helpofDirectors and Vice-Directors now.
Dennis
As soon as the FCC releases the Public Notice, we will be doing the following:
Web story
Web pages explaining the study
2 web forms – one for gathering data on EmCom activities and the second for reporting CC&R impacts
Email to the SM reflector asking for assistance in circulating the request
Email to the new VC reflector asking assistance in circulating the request
Dan Henderson, N1ND
Regulatory Information Manager
ARRL, the national association for Amateur Radio
860-594-0236
dhenderson@arrl.org
From: Dennis Bodson [mailto:bodsond@verizon.net]
Sent: Tuesday, March 27, 2012 2:29 PM
To: Boehner, James (SM,SC); Sumner, Dave, K1ZZ; 'Chris Imlay'; Blocksome, Rod, K0DAS; arrl-odv
Cc: Henderson, Dan N1ND
Subject: RE: [arrl-odv:20643] FCC and DHS CC&R Study -- We need the helpofDirectors and Vice-Directors now.
Gentlemen:
I would like to add my support to Jim’s observations.
We need to go to all of the members because I do not know what members are encumbered by CC&R’s. Also, I am fairly certain that the SM’s would be in the same position.
A template is appropriate. We have pointed out the time for a response will be short. Therefore, if we don’t have a template, neither the sender nor those who will have to extract the appropriate information, would be able to do so in a timely manner.
Regards,
Dennis
First, thanks to Chris, Dave and Kay for developing the three prong strategy, and to the EC for giving the “go ahead”! Bravo!
I just wanted to add a few thoughts:
This request should encompass all hams, not just those from the emergency community. All of us could be emergency communicators at any time, just as any of us could be subject to CC&R’s at any time. All of us have a vested interest.
I know the original plea is to the board family, but after the PN comes out, all members should get the word. Perhaps a web story followed by a general membership mailing has already been planned.
There should be a recommended template sent out with that communication (as Chris has outlined in his e-mail) so that collation of the replies to HQ by HQ staff could be better organized.
In addition to the ARRL submission to the FCC, many will file their own personal comments with the FCC. The same template could be used by those individuals. Hopefully they will be given the guidance that their comments must be submitted in their potential capacity as emergency communicators, and not their “right” to operate DX/contests/ragchew, etc. Also, to keep their comments short and to the point.
Currently, it appears that our policy as of this date is for the board family to recruit CC&R anecdotal stories. May we actively involve SM’s at this time? I ask because I know of those affected by CC&R’s in my section mainly due to my past experience as SM.
Finally, can we use Chris’s paragraph below (in bold print) to send to those whom we know have CC&R stories (with some modifications)? If not, could I request a standardized statement to use?
Thanks,
'73 de JIM N2ZZ
ARRL Vice Director
Roanoke Division
ARRL, the national association for Amateur Radio™
Chris, Dan is well along in planning to do this but we feel it is best to wait until the Public Notice is out to put the plan into motion. Otherwise we have to do it twice which is bound to create some confusion.
Dave
From: arrl-odv-bounces@reflector.arrl.org [mailto:arrl-odv-bounces@reflector.arrl.org] On Behalf Of Chris Imlay
Sent: Monday, March 26, 2012 3:08 PM
To: Blocksome, Rod, K0DAS; arrl-odv
Cc: Henderson, Dan N1ND
Subject: [arrl-odv:20641] Re: FCC and DHS CC&R Study -- We need the help ofDirectors and Vice-Directors now.
Rod, that is a good idea. I won't speak for Dave or for the EC, but I think the plan is to send the same plea for input to the membership directly via some of our media, and to the SMs by a remailer, but perhaps that effort will not occur until the FCC PN is out.
Christopher D. Imlay
Booth, Freret, Imlay & Tepper. P.C.
14356 Cape May Road
Silver Spring, Maryland 20904-6011
(301) 384-5525 telephone
(301) 384-6384 facsimile
W3KD@ARRL.ORG
-----Original Message-----
From: Rod Blocksome <rkblocks@plutonium.net>
To: arrl-odv <arrl-odv@arrl.org>; Chris Imlay <w3kd@aol.com>
Cc: dhenderson <dhenderson@arrl.org>
Sent: Mon, Mar 26, 2012 1:59 pm
Subject: [arrl-odv:20639] Re: FCC and DHS CC&R Study -- We need the help ofDirectors and Vice-Directors now.
We will certainly do this, but I'm thinking your memo should also go directly to the Section Managers who would solicit from their ECs. Or was it preferred that the Directors and Vice-Directors do this?
Also I'm thinking that many localized emergencies/disasters, e.g. a tornado, are effectively handled with VHF/UHF repeaters, mobiles, and handhelds which are arguably minimally impacted by CC&R's. The big impacts are situations where HF is required. The Maritime Mobile Service Net on 14.300 comes to mind as an example. These guys assist in the saving of lives and property on the high seas all the time.
----- Original Message -----
Sent: Monday, March 26, 2012 10:28 AM
Subject: [arrl-odv:20638] FCC and DHS CC&R Study -- We need the help ofDirectors and Vice-Directors now.
MEMORANDUM
To: ARRL Officers, Directors and Vice-Directors
From: Chris Imlay, W3KD, General Counsel
Re: Study of Impediments to Amateur Radio Emergency Communications – Private Land Use
Regulations - Anecdotal Examples Needed
_________________________________________________________________
Greetings. The Executive Committee has asked that I ask all Officers, Directors and Vice-Directors for your help in creating a record for our filing with the FCC in response to the Study called for by Section 6414 of H.R. 3630, the Middle Class Tax Relief and Job Creation Act of 2012. A three-prong strategy for ARRL input to FCC for this study was developed by President Craigie, CEO Sumner and myself and approved by the Executive Committee. The input opportunity will have a very, very short fuse indeed. Hence this call for your help now. As discussed below, we need to ask that you refer to ARRL HQ, as soon as possible, those of your constituents who live in deed-restricted neighborhoods and who can tell us compelling stories about that experience, their attempts to avoid the restrictions (or that they became hams after moving into a deed-restricted neighborhood) adn the effect of those restrictions on their ability to provide emergency communications and to prepare to do so. Here is why we need this information now:
H.R. 3630 ordered the FCC “in consultation with the Office of Emergency Communications in the Department of Homeland Security” to prepare within 180 days of the date of passage of the legislation a study of “the uses and capabilities of amateur radio service communications in emergencies and disaster relief.” It is to include (1) a review of the importance of emergency amateur radio service communications relating to disasters, severe weather, and other threats to lives and property in the United States; (2) recommendations for enhancement in the voluntary deployment of amateur radio operators in disaster and emergency communications and disaster relief efforts; (3) the improved integration of amateur radio operators in the planning and furtherance of initiatives of the Federal government; (4) an identification of impediments to enhanced amateur radio service communications, such as the effects of unreasonable or unnecessary private land use restrictions on residential antenna installations; and (5) recommendations regarding the removal of such impediments.
Though not mechanically what we hoped would occur, we are told by FCC staff that it has been decided within FCC that the Wireless Telecommunications Bureau (WTB) will issue a Public Notice (very soon, perhaps within this week, or if not, probably by next week) which will have a 45-day comment period. There will be no reply comment period. Using the comments received during this period, WTB will prepare the part of the study related to items 4 and 5 of the study listed above, and the PSHSB, in consultation with DHS, will prepare the part of the study on items 1, 2 and 3.
Kay and Dave and I discussed a three-part, single submission to the WTB during the notice period. The first would be evidence of the value of Amateur Radio in emergencies and disasters and how to increase that role. ARRL Headquarters has a lot of material on that subject of course and it will be assembled and sent to me by Dan Henderson with help from Mike Corey, Allen Pitts, etc. This is a critical part of the submission because the need to eliminate impediments to Amateur Radio emergency communications is grounded in that which must be proven at the outset: that there is a valuable service to protect from those impediments.
The second part of the filing is an explanation of the nature of CC&R restrictions with statistics and argument about the effect throughout entire metropolitan/urbanized areas of CC&Rs which preclude or severely limit outdoor antennas and therefore the ability to communicate; and to prepare for, much less conduct, emergency communications. This would be the main thrust of our submission. I have enough information to prepare this, I believe, though we will be researching some statistics of the pervasiveness of private land use regulations (of antennas) starting right away.
The third part of the filing is where we need your help. We want to present a good volume of detailed anecdotal examples of the effect of CC&Rs and homeowner’s association rules on Amateur Radio emergency communications. What we are looking for are the actual, personal experiences of a geographically diverse group of radio amateurs who are subject to CC&Rs or other private land use restrictions where they live; who can tell us very specifically of the adverse effect of those restrictions on their ability to prepare for and to provide emergency and disaster relief communications. Most importantly, they would have to explain to us why these licensees did not have an option when it came to purchasing real property because of the pervasiveness of private land use restrictions which either (1) preclude or unreasonably restrict the installation and maintenance of outdoor Amateur Radio antennas, or (2) subject the radio amateur to the unlimited discretion of a homeowners’ association, architectural control committee or other non-government decisionmaker, as to whether he or she can erect and maintain an effective antenna. We need Board members and ARRL official family members to please send these radio amateurs to us and ask them to write up their experiences. We need factual information including the text of any CC&Rs to which these people are subject, and their efforts to find non-restricted places to live in their metropolitan areas or to get approvals. They should mention specifically the effect of their restrictions on their ability to do and prepare for emergency communications. We want as much specificity as they can provide to us. We also need their contact information in order to follow up with them, perhaps by telephone but certainly by e-mail. Please ask your constituents who can serve as case studies for us to send these stories to the following site set up for this purpose specifically:
We think that these (albeit anecdotal) stories, which we will aggregate, edit and present to FCC in our filing will substantially establish that there is a very real problem with private land use regulations in terms of Amateur Radio’s collecive ability to respond when called upon for emergency and disaster relief communications. The results of this study, if sufficiently conclusive, will allow us to move to the second phase our legislative plan, which is to have Congress order FCC to preempt private land use regulations, at least to the same extent that FCC preempted governmental land use regulations.
We have already asked ARRL volunteer counsel for anecdotal case studies during a recent webinar for them. We will ask them again on the remailer set up recently for them. There are about 50 subscribers on that remailer so far, according to Dan Henderson. We will be going to the SMs and the membership on this after FCC releases its Public Notice, but ARRL’s official family knows of the most appropriate of these “stories” and we want to identify as many of the most compelling cases and develop them as soon as possible.
Christopher D. Imlay
Booth, Freret, Imlay & Tepper. P.C.
14356 Cape May Road
Silver Spring, Maryland 20904-6011
(301) 384-5525 telephone
(301) 384-6384 facsimile
W3KD@ARRL.ORG