ARRL Letter to the City of Mustang, OK

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crayon

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The City of Mustang, OK wanted to get into the business of regulating RF. United States case law thinks otherwise.

My apologies for breaking it up into multiple downloads. There is a ~190kb per file upload limit and I wanted the text to be somewhat readable.

Good information to have on hand should the need to arise.
 

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kb2vxa

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WOO WOO, Chris does it again! Way to go, this is the most powerfully worded response I've read to date and it's darn well about time we're getting needed relief from the local yokels overstepping their bounds. I for one am sick and tired of all the beating around the bush that has cost us so much needless expense and anguish.

Sage wisdom says you can't please everybody and that's just what they've been trying to do at the expense of Amateurs and we're plenty fed up. Finally they're being taken in firm hand, it's not all one sided, just give a little and you'll get a lot... OR ELSE the a lot you get will be a lot of trouble.
 

texasemt13

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... and it's darn well about time we're getting needed relief from the local yokels overstepping their bounds.
It's a shame that it is coming to this though. It's a shame that the council's don't see the benefit having us around. Like Congress said "reasonable accomodation should be made for the effective operation of amateur radio from residences, private vehicles and public areas..."

Finally they're being taken in firm hand, it's not all one sided, just give a little and you'll get a lot... OR ELSE the a lot you get will be a lot of trouble.
This attorney did have a good response, though I'm sure ARRL has dealt with this enough to know which cases to reference. What they need to realize is that we are a free service in times of great need. When all you have is batteries and transceivers we amateur operators are all you got, and as long as we keep providing quality volunteer service I think the FCC and Congress will do their best to protect our rights.
 

jim9251

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Holy cow, it's like that attorney is saying "we would love to help you Mr. small ignorant Oklahoma town it would be wise to accept our help".

An offer you can't refuse!
 

n4yek

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It's a shame that it is coming to this though. It's a shame that the council's don't see the benefit having us around......
I don't believe that is the problem we face. People anymore don't even know what Ham radio is, much less understand it's benefits. They see a man with a big tower in his yard, with a big antenna on it transmitting 5000 watts on his CB. They don't know the difference and that is the problem we all face these days.
 
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kc4jgc

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I don't believe that is the problem we face. People anymore don't even know what Ham radio is, much less understand it's benefits. They see a man with a big tower in his yard, with a big antenna on it transmitting 5000 watts on his CB. They don't know the difference and that is the problem we all face these days.
Which is why we need to be vigilant on any legislation infringing on PRB-1.
 

n4yek

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Which is why we need to be vigilant on any legislation infringing on PRB-1.
With whose money? If I was in a situation like that, there would be no way for me to be able to afford an attorney to defend myself. I sqeek by week to week as it is and a city or county can tie you up in court until you run out of money.

They need to be educated on what Ham radio is all about, not have legislation shoved in their face about how the FCC has jurisdiction on this matter and they have no ruling on the subject. That just makes people mad when you do it that way, even though thats what it is there for.
Tell them how we benefit their interest, show them how it works, explain what happens during emergency situations when all other communication fails...thats how you win them over.
 
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mikepdx

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With whose money? If I was in a situation like that, there would be no way for me to be able to afford an attorney to defend myself.
That's where the ARRL and it's lawyers come into the picture.

They need to be educated on what Ham radio is all about, not have legislation shoved in their face...
I'm not sure if it's so much about education,
but rather about putting elected officials
that are control freaks back into line using existing law.

After all, we elect them to make decisions based on what WE THE PEOPLE desire,
not based on their own personal ideas of utopia.
 
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APTN

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Letter

Well, hopefully this is resolved without a big show down in court.
[insert Clint Eastwood/John Wayne show down music here ;)]
 

poppafred

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Here is my opinion on this:

My brother is a former resident of Mustang, OK and had some bad experiences just before his departure. Mustang is a bedroom community of Oklahoma City and has been growing exponentially in the past 10 years. A large number of OKC's residents have moved there with the thought in their minds of re-shaping Mustang into their idea of the "perfect community". A number of the transplants have gotten active in the local politics and are pushing their agendas in the city council. Several new ordinances have been passed are related to private property appearances. There have been a number of attempts by this group of transplants to force others to conform to their ideals without regard to the rights of citizens to manage their property and homes as they see fit. This has mainly been by forcing zoning laws through that support their agenda, several (I have been told) without any real public input or on minimum notice. Residents of Mustang who have been there for years are increasingly at odds with this group of activists.

If this is the ham radio operator I believe it is, this group of elitists have complained about his "eye-sore" tower for a number of years and I believe they would literally stop at nothing to force him to remove it. I believe that this is just their latest attempt and it appears to have back-fired.

I personally hope there IS a big court showdown and the author of the city's letter is not only rebuked by the court and the FCC for invoking their authority improperly but actually winds up being punished for doing so. A juicy law suit might be in order. The OM needs a new station!

Basically, she flat-out lied in her letter and should be held accountable by the higher athorities for her actions. A harsh rebuke of the city council for attempting this might also do the city a little good.
 
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poppafred

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As an after thought:

Aren't owners of Part 15 electronics required by the FCC to tolerate interference from other devices without recourse?

How can a ham radio interefere with a cell phone? Or a computer?

How did they know it was the ham radio that was interfering?

Sounds like they were just looking for an excuse to justify their actions.

The spirits of the Salem Witch Hunt live on! :roll:
 

n5ims

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As an after thought:

Aren't owners of Part 15 electronics required by the FCC to tolerate interference from other devices without recourse?

How can a ham radio interefere with a cell phone? Or a computer?

How did they know it was the ham radio that was interfering?

Sounds like they were just looking for an excuse to justify their actions.

The spirits of the Salem Witch Hunt live on! :roll:
Details, details, details. All we care about is getting this guy out of our nice town! Once we've accomplished that we'll all have nice St. Augustine grass lawns always between 2" and 5" tall, Red roses (no pink or yellow, just red), hardwood trees (only red oak or live oak, of course), and that nice little lawn jockey. What a beautiful place that will be!
 

Nubz

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As an after thought:

Aren't owners of Part 15 electronics required by the FCC to tolerate interference from other devices without recourse.

The spirits of the Salem Witch Hunt live on! :roll:
says right on them on that sticker
must not cause interference and must accept any interference
 

Nubz

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Details, details, details. All we care about is getting this guy out of our nice town! Once we've accomplished that we'll all have nice St. Augustine grass lawns always between 2" and 5" tall, Red roses (no pink or yellow, just red), hardwood trees (only red oak or live oak, of course), and that nice little lawn jockey. What a beautiful place that will be!
please tell me youre being sarcastic lol
 

KC9NCF

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nevermind i looked it up i sort of get it now

but why did they try to tell him he couldnt transmit in the first place is what im not understanding

anyway here it is in one file for those that might want it that way

http://s000.tinyupload.com/?file_id=09553953369512139848
Downloaded and saved! Thanks for the entire file!

I have one fear on behalf of us all. That is the power of HOA's to restrict. Let's say that the city rescinds it's letter and everything, completely complies with the ARRL letter, right? What is stopping the group of busy - bodies from making the entire city a zoned HOA?

What if, in doing so, they make a rule that says the HOA has the power to restrict towers unreasonably? What if they pass a rule that says towers and transmitting antennas are forbidden regardless of any preclusion since the whole city would be an HOA?

What if as an HOA, they make a rule that says a person cannot even possess "radio transmitting equipment"? HOA's are not government entities and by rule of being a private organization, they can require a list of your possessions and that those possessions be "registered" with the HOA for approval?

I have seen that happen here in Illinois. Especially in the more "classy" developments or HOA neighborhoods. This is really getting nasty and like the rest of you, I cannot understand it!

Great work and great response by the ARRL!
 
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soncorn

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Downloaded and saved! Thanks for the entire file!

I have one fear on behalf of us all. That is the power of HOA's to restrict. Let's say that the city rescinds it's letter and everything, completely complies with the ARRL letter, right? What is stopping the group of busy - bodies from making the entire city a zoned HOA?

What if, in doing so, they make a rule that says the HOA has the power to restrict towers unreasonably? What if they pass a rule that says towers and transmitting antennas are forbidden regardless of any preclusion since the whole city would be an HOA?
One signs on to an HOA when one buys the property or you have to agree to it at a later time. A group of people cannot impose one on you after the fact without your approval.
 

kb2vxa

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"What is stopping the group of busy - bodies from making the entire city a zoned HOA?"
Nothing I can see offhand.

"...or you have to agree to it at a later time."
Those are the key words right there, I've seen some nasty cases of feces vs. impeller and the feces have lost to the winds of change. It's similar to joining a union as a condition of employment and/or a union takeover, they can make life pretty miserable for those not wishing to join.

On the other hand there IS a way to stop an HOA dead in its tracks, elect Willie.
 
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