Document # 29
Report of the Ad Hoc Antenna Case Assistance Committee
The American Radio Relay League
2001 Second Meeting of the Board of Directors
Committee Members: Director Jay Bellows, KØQB, Chairman; Director Frank Fallon, N2FF; General Counsel Christopher Imlay, W3KD and Jim O'Connell, W9WU.
Introduction
The committee is charged with evaluating individual requests for financial assistance from amateurs involved in antenna litigation. In evaluating requests the committee utilizes criteria adopted by the Board at its July 2000 meeting. The sole source of funding awards is the ARRL Antenna Defense Fund.
The Board recognized that occasionally a case arises that has a potential to create precedent of benefit to a significant number of Amateurs. Unfortunately the extreme expense of antenna litigation may prevent the Amateur from preceeding with the case. The committee was created to provide a voluntary panel of experts to evaluate these funding requests.
The evaluation criteria limits funding to appellate proceedings likely to result in favorable precedents for a significant number of Amateurs. The Amateur community is slowly becoming aware of the change in ARRL's funding policy and the existence of the committee. The recent publication of "Antenna Zoning" by ARRL will likely increase awareness of the committee by the Amateur community.
Committee Activities
The committee met by teleconference on June 27, 2001 to consider a request for funding of an appeal.. The request involved a ruling in favor of the Amateur in a Covenant, Conditions and Restrictions (CC&R) case. The Amateurs, Barry and Kathy Gorodetzer, struggled for more than three years and have incurred over $45,000 in legal expenses to secure approval for modest HF and VHF antennas at their Fort Lauderdale, Florida townhome.
The committee voted to provide funding of $7,500 to the Gorodetzer's to assist them in defense of the appeal of the trial court decision granting the Gorodetzer's request for HF and VHF antennas. The committee decision was based upon the trial court's decision that under Florida law a requirement of reasonableness must be read into a homeowner's association reservations clause. The court went on to hold restrictive covenants may not be unreasonable, arbitrary or exercised in an unreasonable manner. Considering the pervasiveness of CC&R's in Florida, the substantial number of amateurs in Florida and the likelyhood of success on appeal, the committee determined the Gorodetzer case met the evaluation criteria despite the fact this is a state court case. Until such time as FCC alters its position regarding PRB-1 in CC&R communities it is unlikely that a CC&R case will find its way to a federal appellate court.
As a condition of funding the committee will enter into a memorandum of understanding with Gorodetzer's relative to the issues and arguments to be advanced on appeal and a commitment that they will request and participate in oral argument. The Gorodetzers have also agreed that in the event they are awarded and collect attorney fees from the Homeowner's Association they will contribute the attorney fees awarded up to $7,500 to the ARRL Antenna Defense Fund.
Requested Name Change
The committee has been known variously as the Ad Hoc Antenna Case Assistance Committee, the Voluntary Panel of Experts and the Ad Hoc Antenna Case Funding Committee. If the committee is to be an ongoing activity it may be advisable to change the committee name to reflect its continuing status. Possible options are the Antenna Case Assistance Committee or, in the event of a concern of a proliferation of committees, the Antenna Case Assistance Panel.
Future Activities
The committee remains ready to review and evaluate requests for assistance on an ongoing basis.
Jay Bellows, KØQB
Chairman