Re: Our friend the FCC, straight skinny part 2

To: tesla-at-pupman-dot-com
Subject: Re: Our friend the FCC, straight skinny part 2
From: Jim Lux <jimlux-at-jpl.nasa.gov> (by way of Terry Fritz <terryf-at-verinet-dot-com>)
Date: Thu, 24 Sep 1998 04:07:05 -0600
Approved: terryf-at-verinet-dot-com

Tesla List wrote:
> 
> Original Poster: "Payne, Will E" <will.e.payne-at-lmco-dot-com>
> 
>         Answers to Original Poster: Greg Leyh <lod-at-pacbell-dot-net>
> 
> > Payne, Will E wrote:

> The FCC has issued PRB-1, which preempts local laws and neighborhood
> covenants for Part 97 ONLY.

Slightly off topic, but PRB-1 only applies to local laws and zoning
regulations(i.e. governmentally originated restrictions), but NOT to
covenants (aka deed restrictions), which are a contractual matter
between the homeowner and the homeowner's association and were entered
into when the property was sold. 

There is some legal activity on the latter point, essentially because
CC&Rs have almost the force of law, and in many areas (e.g. Southern
California), it is impossible to buy a house that isn't covered by them,
and you can't really independently negotiate them.