Mike, I really do not understand all the workings on capitol hill, but I’m sure that both you and Chris have a better understanding of the process. If it looks like the bill in the original form has a better chance of passing, go for it….BUT….. If your alternate wording would have the effect of showing that we were willing to compromise, and protect the rights of both organizations, that would be the best choice-particularly if it would put us in a better situation. Perhaps if we show that we were willing to compromise, that things would go our way despite CAI’s obstructionist tactics. So, if the revised bill could be put out there and identified as a compromise bill, I think that we would come out smelling like roses as opposed to obstructionist CAI. ’73 de JIM N2ZZ Director – Roanoke Division Serving ARRL members in the Virginia, West Virginia, South Carolina and North Carolina sections ARRL – The National Association for Amateur Radio™ From: arrl-odv [mailto:arrl-odv-bounces@reflector.arrl.org] On Behalf Of Roderick, Rick, K5UR via arrl-odv Sent: Tuesday, April 05, 2016 10:43 AM To: n2ybb@arrl.org; arrl-odv@arrl.org Subject: [arrl-odv:25280] Re: Update on HR 1301 Thanks for the detailed update, Mike. Looks like we move forward with the original bill. Let's get some feedback from ODV. What say, gang? 73, Rick - K5UR ... -----Original Message----- From: Mike Lisenco N2YBB <n2ybb@arrl.org> To: arrl-odv <arrl-odv@arrl.org> Sent: Tue, Apr 5, 2016 9:20 am Subject: [arrl-odv:25279] Update on HR 1301 Good Morning - I’d like to bring you all up to date with the effort to come to a compromise agreement with CAI regarding HR-1301. As you know, the attempt to reach a consensus agreement was not made by choice but rather out of necessity. Our supporters in the House, including Rep. Walden's subcommittee counsel and Rep. Kinzinger's staff called on us to negotiate with CAI in an effort to address the concerns voiced by the ranking minority members of both the Senate Commerce Committee (Senator Nelson of Florida) and the House Commerce Telecommunications Subcommittee (Representative Anna Eshoo). We were told that without a compromise, the bill would not likely make it out of the House Energy and Commerce Committee nor would it ever reach the floor of the Senate as only one negative vote there (which has already been registered by Senator Nelson) would destroy any chance of unanimous consent which is called for in the Senate in order to have expedited consideration by the Senate. Make no mistake: that is the only likely procedure for passage of the Bill in the Senate, because our Bill will not be of enough significance to be placed on the Floor of the Senate for Debate. Nor is there at this point in time an obvious "must-pass" bill in the Senate to which our Bill could be attached and passed that way. Given the inevitability of the negotiations ARRL has made several good faith proposals in pursuit of a consensus substitute amendment that would allow both sides to get most of what they want, allowing the bill to continue to move forward. We have done more than our share to reach a successful end to our negotiation. And, in fact, were as close as two phrases, one of which was purely semantic. Had CAI been negotiating in good faith, we would have reached an agreement and it would have entitled all Amateurs living in deed restricted communities to an effective and efficient outdoor antenna. In our view, it would have been better from our side than the existing "reasonable accommodation" language that CAI firmly objected to. Unfortunately, CAI repeatedly attempted to place conditions on that entitlement and we could not accept that. We had conceded that HOAs could regulate the installation of outdoor antennas and impose height and other dimensional limitations on them, and as well the HOAs could regulate the aesthetic impact of the antennas and support structures. But since CAI yesterday rejected what we considered to be an elegant compromise, using some fairly pejorative language attempting to make ARRL the bad guy, the writing is on the wall. Without the unconditional, basic entitlement to some form of effective and efficient outdoor antenna, our members living in deed-restricted communities could not be protected. During the past two months, our negotiations have see-sawed back and forth, sometimes making changes multiple times in a day. It has been a very frustrating and arduous undertaking. We have suspected, as has Rep. Kinzinger's office, that CAI was simply stalling without any real intention to arrive at a compromise. We now think that is what their strategy was. I have made it clear on numerous occasions to many of you that we had drawn a line in the sand that we would not cross. In answer to our most recent proposal, CAI not only did not accept it, but they have countered with an intransigent approach that instead moves very far backward. Chris Imlay and I believe that this is a bad faith proposal, one that not only is insulting, but was clearly meant to delay the process. In that, CAI has succeeded. We have been advised by Rep. Kinzinger's office to move forward with the original bill. In other words, damn the torpedoes - - full speed ahead. We will be meeting with Walden's subcommittee counsel soon for other strategic advice. We met last week with Senator Thune's staff (Thune is chairman of the Senate Commerce Committee) and we have good support there. We briefed Senator Blumenthal's staff and Rep. Courtney's staff to bring them up to date. They are all aware of the good faith attempts we have made at their request. We have also made it clear of the disaffection on the part of CAI. We hope to sit down with the Committee staff shortly to work out moving the bill forward. There is still time in this session to get it done in the House. The Senate will require a different strategy yet to be determined. I will continue to brief the full board on the matter. Your thoughts and comments are always welcome. 73 de Mike - - - - - - - - - - - - - - - Mike Lisenco, N2YBB Director, Hudson Division Chairman, ad hoc Legislative Advocacy Committee ARRL - The national association for Amateur Radio™ 917-865-3538 n2ybb@arrl.org _______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv