Contact your senators now in support of the Amateur Radio Parity Act

Done.

Facíl.

 

Patience. It hasn't passed the Senate yet, once that happens I am sure it will be covered. That will probably happen after the election (slim chance on Monday, then Congress empties out).

 

The Senate will not go until the 7th, the House goes Monday! Still 4 more days!!!

 

done

 

PRESS RELEASE:

#RecordOfSuccess: House Unanimously Clears Comm Act Update of 2016
Sep 27, 2016

Press Release

House Unanimously Amends S.253 and Tacks On Eight Bipartisan E&C Provisions to Reform FCC Process and Modernize Communications Laws for the 21st Century

WASHINGTON, DC – The House of Representatives today unanimously amended and approved S. 253, the Communications Act Update Act of 2016. The bill contains eight Energy and Commerce Committee bills that have previously passed the House or have unanimously passed the committee. S. 253 now heads back to the Senate for final consideration.

“This bill encompasses nearly two years of legislative activity. This legislation is further evidence of our dedication to advancing thoughtful solutions that empower consumers and small businesses, make the FCC more transparent, and enhance our public safety communications networks. The Communication Act Update of 2016 lays an important foundation as we work to update our laws for the innovation era,” said Communications and Technology Subcommittee Chairman Greg Walden (R-OR).

The bills included in the package are as follows (in order by Title of the amendment to S. 253):

• H.R. 2583, the Federal Communications Commission Process Reform Act, sponsored by Chairman Greg Walden (R-OR). Previously passed the House November 16, 2015, by voice vote.
• H.R. 734, the Federal Communications Commission Consolidated Reporting Act, sponsored by House Majority Whip and committee member Rep. Steve Scalise (R-LA). Previously passed the House February 24, 2015, by a vote of 411 to 0.
• H.R. 4596, the Small Business Broadband Deployment Act, sponsored by Chairman Walden. Previously passed the House March 16, 2016, by a vote of 411 to 0.
• H.R. 4167, Kari’s Law Act of 2015, sponsored by Rep. Louie Gohmert (R-TX). Previously passed the House May 23, 2016, by voice vote.
• H.R. 3998, Securing Access to Networks in Disasters Act, sponsored by Energy and Commerce Committee Ranking Member Frank Pallone, Jr. (D-NJ). Previously passed the House May 23, 2016, by a vote of 389 to 2.
• H.R. 2669, Anti-Spoofing Act of 2016, introduced by Rep. Grace Meng (D-NY) and co-authored by committee members Rep. Leonard Lance (R-NJ) and Rep. Joe Barton (R-TX). Previously passed by the Energy and Commerce Committee September 21, 2016, by voice vote.
• H.R. 1301, Amateur Radio Parity Act, sponsored by Rep. Adam Kinzinger (R-IL). Previously passed the House September 12, 2016, by voice vote.
• H.R. 2566, Improving Rural Call Quality and Reliability, sponsored by Rep. David Young (R-IA). Previously passed by the Energy and Commerce Committee September 21, 2016, by voice vote.

“These eight bills are further testament that the Energy and Commerce Committee is a legislative workhorse. Another hallmark of the committee is that we try to take advantage of every opportunity to advance our legislative priorities,” said full committee Chairman Fred Upton (R-MI). “Greater government transparency, improving rural phone call quality, protecting consumers – these are all wildly popular and have achieved near unanimous support in the House. Hopefully, this effort helps clear the logjam and we will start to see real progress. Folks in Southwest Michigan and across the country are counting on us to get these bills across the finish line to modernize our communications laws for the 21st century.”

###//

 

VII

Amateur Radio Parity

701.
Findings

Congress finds the following:

(1)
More than 730,000 radio amateurs in the United States are licensed by the Commission in the amateur radio services.

(2)
Amateur radio, at no cost to taxpayers, provides a fertile ground for technical self-training in modern telecommunications, electronics technology, and emergency communications techniques and protocols.

(3)
There is a strong Federal interest in the effective performance of amateur stations established at the residences of licensees. Such stations have been shown to be frequently and increasingly precluded by unreasonable private land use restrictions, including restrictive covenants.

(4)
Commission regulations have for three decades prohibited the application to stations in the amateur service of State and local regulations that preclude or fail to reasonably accommodate amateur service communications, or that do not constitute the minimum practicable regulation to accomplish a legitimate State or local purpose. Commission policy has been and is to require States and localities to permit erection of a station antenna structure at heights and dimensions sufficient to accommodate amateur service communications.

(5)
The Commission has sought guidance and direction from Congress with respect to the application of the Commission’s limited preemption policy regarding amateur service communications to private land use restrictions, including restrictive covenants.

(6)
There are aesthetic and common property considerations that are uniquely applicable to private land use regulations and the community associations obligated to enforce covenants, conditions, and restrictions in deed-restricted communities. These considerations are dissimilar to those applicable to State law and local ordinances regulating the same residential amateur radio facilities.

(7)
In recognition of these considerations, a separate Federal policy than exists at section 97.15(b) of title 47, Code of Federal Regulations, is warranted concerning amateur service communications in deed-restricted communities.

(8)
Community associations should fairly administer private land use regulations in the interest of their communities, while nevertheless permitting the installation and maintenance of effective outdoor amateur radio antennas. There exist antenna designs and installations that can be consistent with the aesthetics and physical characteristics of land and structures in community associations while accommodating communications in the amateur radio services.

702.
Application of private land use restrictions to amateur stations

(a)
Amendment of FCC rules

Not later than 120 days after the date of the enactment of this Act, the Commission shall amend section 97.15 of title 47, Code of Federal Regulations, by adding a new paragraph that prohibits the application to amateur stations of any private land use restriction, including a restrictive covenant, that—

(1)
on its face or as applied, precludes communications in an amateur radio service;

(2)
fails to permit a licensee in an amateur radio service to install and maintain an effective outdoor antenna on property under the exclusive use or control of the licensee; or

(3)
does not constitute the minimum practicable restriction on such communications to accomplish the lawful purposes of a community association seeking to enforce such restriction.

(b)
Additional requirements

In amending its rules as required by subsection (a), the Commission shall—

(1)
require any licensee in an amateur radio service to notify and obtain prior approval from a community association concerning installation of an outdoor antenna;

(2)
permit a community association to prohibit installation of any antenna or antenna support structure by a licensee in an amateur radio service on common property not under the exclusive use or control of the licensee; and

(3)
subject to the standards specified in paragraphs (1) and (2) of subsection (a), permit a community association to establish reasonable written rules concerning height, location, size, and aesthetic impact of, and installation requirements for, outdoor antennas and support structures for the purpose of conducting communications in the amateur radio services.


(I've added a definition of reasonable):


Legal Definition of reasonable

1
a : being in accordance with reason, fairness, duty, or prudence b : of an appropriate degree or kind c : supported or justified by fact or circumstance <a reasonable belief that force was necessary for self-defense> d : commercially reasonable

2
: applying reason or logic; broadly : rational 1 <a reasonable mind> )

703.
Affirmation of limited preemption of State and local land use regulation

The Commission may not change section 97.15(b) of title 47, Code of Federal Regulations, which shall remain applicable to State and local land use regulation of amateur service communications.

704.
Definitions

In this title:

(1)
Community association

The term community association means any non-profit mandatory membership organization composed of owners of real estate described in a declaration of covenants or created pursuant to a covenant or other applicable law with respect to which a person, by virtue of the person’s ownership of or interest in a unit or parcel, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, improvement, services, or other expenses related to common elements, other units, or any other real estate other than the unit or parcel described in the declaration.

(2)
Terms defined in regulations

The terms amateur radio services, amateur service, and amateur station have the meanings given such terms in section 97.3 of title 47, Code of Federal Regulations.

 

Received a call from my Senator Today, these Bills in S253 are under unanimous consent as of now!!

 

Can you elaborate?

 

My Senator, Mr. Vitter has no objection to the bill, he has not heard any other objections since this is a housekeeping measure at this point, will be taken up after the elections!!!

 

Massachusetts zoning officials already disregarding this measure: http://marblehead.wickedlocal.com/n...io-antenna-tower-causing-static-in-marblehead

 

They (ZBA) just designated the ham for a special hearing, PRB-1 was not mentioned, it usually "comes" as a surprise and the town lawyer can then grunt and cry but the tower will be a done deal.

 

I can guarantee that if the Bill passes, the wording will be so ambiguous, (as is most crap coming out of Congress), it will be of little use to ease existing HOA rules. From what I understand and from what I have read, you will still have to get permission from the HOA, and if that is the case, the HOA can still deny your application. Plus, you will always have that neighbor with deep pockets who can keep you tied up in court for years if not decades.

 

Yes you have to get advance permission, and the HOA still has control over placement, appearance, visibility and a lot of other things; and they could even require "safety inspections", administrative fees, extra insurance; and otherwise make you wish you did not apply for an antenna; and it even opens the door according to some for neighborhood associations that do not otherwise have antenna restrictions to implement new ones without changing their CCRs; but they cannot just flat out deny you from having what the bill calls an "effective outdoor antenna". What that means in the context of all the HOA powers that this bill will affirm and protect remains to be seen.

Yes, people can always sue each other, outside of the HOA. This bill does not change that. It might make it a little more difficult if the HOA allows an antenna but the neighbor doesn't want it, but they'll find a way if they really want to. "Abatement of nuisance". Something like that.

 

As you will see in my earlier comments, I have been forthcoming about what some of those issues will be. The bill is fatal in its wording.