Document #33

Report of the Ad Hoc Committee on ARRL Support of Antenna Cases
The American Radio Relay League
2002 Annual 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 evaluation criteria limits funding to appellate proceedings likely to result in favorable precedents for a significant number of Amateurs. The Amateur community is becoming aware of the existence of the committee although there is some misunderstanding as to the inability of the committee to fund trial court level litigation.

Committee Activities

The committee's activities are conducted solely by email and occasional teleconference meetings. The most recent action of the committee was a conditional grant to Barry and Kathy Gorodetzer. This grant followed a very favorable CC&R decision by a Florida trial court in their three year long struggle to secure approval to erect and maintain 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 Homeowner Association appeal of the trial court decision granting the Gorodetzer's request. A condition of the funding the Gorodetzer's agreed to a

memorandum of understanding with the committee relative to the issues and arguments to be advanced on appeal, as well as, a commitment that they will request and participate in oral argument. The Gorodetzers 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.

Future Activities

1. Procedure for Funding Requests. As previously stated there continues to be some misunderstanding in the Amateur community as to the point in a legal proceeding at which the committee may consider providing assistance to the Amateur. Currently there is no procedure for making a fund request. Matters have been handled on a case by case basis. For purposes of continuity and consistency the committee may need to develop a brief funding request form for interested parties. The form should include a statement of the funding criteria, as well as, provide for sufficient information about the pending action to allow the committee to act on the request.

2. The committee remains ready to review and evaluate requests for assistance on an ongoing basis.

Jay Bellows, KØQB
Chairman