Two other arguments seem to work: (1) CAI misperceives the scope of the Bill: they claim that the Bill removes HOA jurisdiction; it clearly does NOT do that. (2) FCC's stated policy dating back to 1999 is that it "strongly encourages" HOAs to apply the "no preclusion, reasonable accommodation, least practicable regulation" test to private land use regulations. Of course, they don't do that which is why we need the legislation. But stating FCC's express policy combined with the accurate statement that FCC is looking for guidance from Congress works fine to rebut CAI's opposition. 73, Chris W3KD On Tue, Aug 19, 2014 at 3:30 PM, Mike Lisenco N2YBB <n2ybb@arrl.org> wrote:
It should come at no surprise that CAI has come out against HR4969 with guns blazing. I too agree with Chris and Kay. In all my discussions with legislators and/or their staffs, I have made it clear that we are looking to work with the HOA as we define reasonable accommodation. The positive approach has yielded positive results. I also agree that we have seen no evidence of CAI presence in the halls as we move about gaining support.
If anything, their intractable position underscores our argument that we need reasonable accommodation (how can one be against reason?) and that the HOA is only interested in aesthetics.
73 de Mike N2YBB
Sent from my iPhone
On Aug 19, 2014, at 2:47 PM, Kay Craigie <n3kn@verizon.net> wrote:
Chris's experience is the same as mine, and while the information that Dick passed along is good to know, it does not discourage me. All the same, having that persuasive, eye-catching document will be helpful in many contexts. 73, Kay _______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org http://reflector.arrl.org/mailman/listinfo/arrl-odv
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-- Christopher D. Imlay Booth, Freret & Imlay, LLC 14356 Cape May Road Silver Spring, Maryland 20904-6011 (301) 384-5525 telephone (301) 384-6384 facsimile W3KD@ARRL.ORG