To the Board: Sometimes you don’t get to create the timetable. KC1AAI and W1CBY are the two sponsors of this bill. KC1AAI (as you will see below) has asked me to testify on this bill February 5th at the State Capitol. He introduced basically ARPA, while not knowing much about the subject matter and not consulting with anyone. I’ve asked him if I could meet with him and any hams to consider re-drafting. He hasn’t replied yet. While I oppose the bill as written, I know a couple of things. NH is a “volunteer” legislature. The pay is something like $100/year. It meets every other year. KC1AAI (R) sits on the correct committee and is friendly with his chairman (a D, as this year the Dems are in control in NH). NH is the “Live Free or Die” state, so freeing hams from crazy condo associations is a moderately welcome thought (perhaps unlike FL). I have made it abundantly clear to KC1AAI that I do not represent ARRL in my thoughts, but that ARRL has asked the Congress to stop work on ARPA as written, in order to strengthen it. I also know that we have not yet formulated a new bill. I am looking forward to working with others to draft a new bill. K5UZ has told me that he might know an architect who might be willing to help. But we, as the League, are not ready. Thoughts and strategies welcome. Fred Hopengarten, Esq. K1VR Six Willarch Road Lincoln, MA 01773 781.259.0088, k1vr@arrl.org New England Director for ARRL, the national association for Amateur Radio Serving ME, NH, VT, MA, RI and CT From: Glen Aldrich [mailto:glenaldrich@gmail.com] Sent: Friday, January 25, 2019 12:18 PM To: hopengarten@post.harvard.edu Subject: Re[3]: NH Amateur Radio Antenna Bill Hi Fred, I have gone over most of what you sent and waiting to see what you think my bill needs, I look forward to your help and expertise with this bill and appreciate any help you are able to provide. This bill will be heard in Concord 2/5/2019 at 10:45 am. Would you want to testify? You can submit written testimony instead by emailing it to me. Have a great day it is great to discuss this with you, very enlightening. Glen Aldrich NH State Representative Belknap County District 2 Gilford/Meredith Science, Technology and Energy Committee Vice chair Belknap county executive committee Vice President, CNHARC KC1AAI ------ Original Message ------ From: "Glen Aldrich" <glenaldrich@gmail.com> To: hopengarten@post.harvard.edu Sent: 1/25/2019 11:45:11 AM Subject: Re[2]: NH Amateur Radio Antenna Bill Hi Fred, I forgot to mention we probably have at least a dozen state Rep hams and our chief of security is a big CW guy. Glen Aldrich NH State Representative Belknap County District 2 Gilford/Meredith Science, Technology and Energy Committee Vice chair Belknap county executive committee Vice President, CNHARC KC1AAI ------ Original Message ------ From: "Glen Aldrich" <glenaldrich@gmail.com> To: hopengarten@post.harvard.edu Sent: 1/25/2019 11:19:05 AM Subject: Re: NH Amateur Radio Antenna Bill Hello Fred, Here it my bill. I'll try to read everything you sent today and get back to you. Thanks. HOUSE BILL 417 AN ACT relative to property restrictions on certain amateur radio antennas. SPONSORS: Rep. Aldrich, Belk. 2; Rep. Torosian, Rock. 14 COMMITTEE: Commerce and Consumer Affairs ----------------------------------------------------------------- ANALYSIS This bill regulates the enforcement of property restrictions by a community association on the installation and maintenance of amateur radio antennas. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation: Matter added to current law appears in bold italics. Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 19-0574 10/01 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Nineteen AN ACT relative to property restrictions on certain amateur radio antennas. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Amateur Radio Antenna. Amend RSA 477 by inserting after section 22-a the following new section: 477:22-b Amateur Radio Antenna; Enforcement of Restrictions. I. In this section: (a) “Amateur radio services”, “amateur service”, and “amateur station” have the meanings given such terms in the Code of Federal Regulations, 47 C.F.R. 97.3. (b) “Community association” means any non-profit mandatory membership organization composed of owners of real estate described in a declaration of covenants or created pursuant to a covenant or other applicable law with respect to which a person, by virtue of the person’s ownership of or interest in a unit or parcel, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, improvement, services, or other expenses related to common elements, other units, or any other real estate other than the unit or parcel described in the declaration. II. No property restriction or private land use restriction of a community association, including a restrictive covenant, shall be enforced which: (a) On its face or as applied, precludes communications in an amateur radio service regulated under federal law in 47 C.F.R, Part 97; (b) Fails to permit a licensee in an amateur radio service to install and maintain an effective outdoor antenna on property under the exclusive use or control of the licensee; or (c) Does not constitute the minimum practicable restriction on such communications to accomplish the lawful purposes of a covenant or bylaw seeking to enforce such restriction. III. The amateur radio antenna licensee shall be required to notify and obtain prior approval from the community association concerning installation of an outdoor antenna. IV. A community association may prohibit installation of any antenna or antenna support structure by a licensee in an amateur radio service on common property which is not under the exclusive use or control of the licensee. V. Subject to paragraph I, a community association may establish reasonable written rules concerning height, location, size, and aesthetic impact of, and installation requirements for, outdoor antennas and support structures for the purpose of conducting communications in the amateur radio services. 2 Effective Date. This act shall take effect 60 days after its passage. Glen Aldrich NH State Representative Belknap County District 2 Gilford/Meredith Science, Technology and Energy Committee Vice chair Belknap county executive committee Vice President, CNHARC KC1AAI ------ Original Message ------ From: hopengarten@post.harvard.edu To: glenaldrich@gmail.com Cc: k1twf@arrl.org Sent: 1/25/2019 11:10:07 AM Subject: NH Amateur Radio Antenna Bill Dear Glen: Thank you for your call. I am thrilled that you have invited me to participate in the creation of a bill which might save hams living in HOAs (Homeowner Associations) a lot of grief. It is great to know that we have a ham, KC1AAI, in the NH legislature. I have to be very clear that I am NOT writing to you on behalf of the ARRL. I must make this clear because I am the New England Director of ARRL, and a Volunteer Counsel for ARRL. So please, do not allow anyone to say that my contribution is on behalf of the ARRL. These are my private opinions. I attach MY opinion as to why the ARRL/CAI bill is not good. (By the way, the ARRL Board requested, earlier this week, that the proponents take no action on it. Also, earlier this week, the ARRL withdrew its petition to the FCC.) In addition, I enclose an article by N3JT from CQ Magazine offering his opinion (the opinion of a former FCC attorney) as to why the ARPA bill should not pass. If forced to do something, I attach my own suggestions as to how the ARPA bill could be improved (“Suggested Amendments”). I attach the actual ARRL petition to the ARRL filed with the FCC and now withdrawn, as well as a much shorter version with improvements by K6JAT. I enclose these because they do contain good justifications as to why hams need help, and why the public would benefit. As I mentioned in our telephone conversation, I think the subject matter should be divided up into large lots (with special attention to road associations or lake associations), townhouses with an exclusive-control backyard, and apartment buildings. Each should be treated differently. But no one has yet done any drafting to reflect that. If you have people in NH who would be willing, I’d be delighted to drive up and meet with them so that we might think this through and create a draft of a bill that divides out these three different types of HOAs. In fact, because this is SOOOO important, I’d be willing to drive up and caucus with anyone who wants to help the drafting. Or we could arrange a teleconference. Note: I see that you live in Gilford. For many years I’ve spent a long weekend every summer at the home of a business school classmate in Center Harbor, on Squam Lake – not far from you. Nice neighborhood! Fred Hopengarten, Esq. 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