On Wed, 22 Mar 2006 10:51:35 -0600, Gregg R. Lengling wrote: >> You might want to read about the reaffirmations about PRB-1 on the FCC >> website. PRB-1 also applies to CC&R's, HomeOwner Assoc. ect. Find it >> here and read it...you will be pleasantly suprised.
Sorry, but YOU will be unpleasantly surprised to find that there is a specific footnote in PRB-1 that clearly states that the limited pre-emption DOES NOT apply to private-sector agreements such as CC&R provisions or HOA regulations. We tried to slip in that it did pre-empt in a case in California (_Hotz v Rich_) about 12 years ago, and the trial court bought it, but the law clerk who wrote the decision in the Court of Appeal actually read PRB-1 and shot us down, as well as our argument that a state court enforcement of a private agreement constituted "state action" which would fall under PRB-1. You win some and you lose some. Rep. Greg Walden (R-OR District 5) - who is one of the two licensed hams in The Congress - has introduced a bill to assert Federal pre-emption of such private agreements in the last few sessions of The Congress but in spite of numerous "co-sponsors" it dies each time. Greg is facing a serious challenge in the coming election, too. -- 73 de K2ASP - Phil Kane ARRL Volunteer Counsel (I used to do this full-time) _______________________________________________ Elecraft mailing list Post to: Elecraft@mailman.qth.net You must be a subscriber to post to the list. Subscriber Info (Addr. Change, sub, unsub etc.): http://mailman.qth.net/mailman/listinfo/elecraft Help: http://mailman.qth.net/subscribers.htm Elecraft web page: http://www.elecraft.com
