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Senate passes National Defense Authorization Act, H.R. 5515

Discussion in 'General Announcements' started by W1BR, Jun 19, 2018.

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  1. W1BR

    W1BR Ham Member QRZ Page

    The vote was 85-10 to pass the fiscal 2019 National Defense Authorization Act, H.R. 5515
     
  2. N0TLD

    N0TLD Ham Member QRZ Page

    Onward.
     
  3. WA7PRC

    WA7PRC Ham Member QRZ Page

    With a certain exception, that's mostly good. ;)
     
  4. KB7QPS

    KB7QPS Ham Member QRZ Page

    I'm wondering if anyone in the know understands the process.

    It sounds to me that HR 5515 was passed by the house, and then given to the Senate. The Senate marked it up, made some changes, and then passed their version of HR 5515. It sounds to me that the APRA provisions were in both the bills that the Senate and the House passed, correct?

    I think the next step is for the House and Senate to work out the differences in conference and then revote and repass identical versions. Since ARPA was in both the house and senate versions, I'm thinking that bodes well for ARPA?
     
  5. WA7PRC

    WA7PRC Ham Member QRZ Page

    "Well" is subjective.
     
  6. N4UM

    N4UM Ham Member QRZ Page

    It looks like many of us shortly may have to decide between making do with what we have or coming out of the antenna closet and taking our chances submitting proposals to our HOA boards.
     
    WQ4G likes this.
  7. WA7PRC

    WA7PRC Ham Member QRZ Page

    Or, make use of one of many alternatives, including:
    • Mobile operation
    • Portable operation
    • Remote operation
    I've had a blast doing the first two... ragchewing, contesting, DXing. I've seen the latter demonstrated and thought it VERY cool. And, they don't involve a HOA, can be done right now, and can be VERY effective stations. A footwear manufacturer says, "Just Do It". I agree. :)
     
  8. W8LV

    W8LV Ham Member QRZ Page

    Can you say RESIDENCES? I knew you could!

    We're going to be operating from our RESIDENCES: Ragchewing, Contesting, DXing.

    "Just Do It" YEP, from our RESIDENCES! We sure will, and from now on!

    FANTASTIC!

    73 and ALL the Best!
    DE W8LV BILL
     
  9. AB3TQ

    AB3TQ Ham Member QRZ Page

    This is how I understood the situation. The NDAA has not actually passed yet, but probably will soon after going through the conference committee.

    If ARPA was destined to never pass - there would have been endless debate about how many hams it would help, and how many it might hurt. Now it looks like we will start hearing about real world situations and consequences, and we will finally know who was right, and who was wrong - and who will get to say "I told you so".
     
  10. KB1PA

    KB1PA XML Subscriber QRZ Page

    not to pour a pitcher of ice on this, but.....

    ARPA was not in the Senate Version. The bill, will all its multiple amendments now goes
    to a conference committee, where the 2 sides make 1 identical bill, which will be passed by both
    chambers without any debate or ability to amend further. If ARPA gets in the final version and the
    President doesn't veto it (it has stuff he does not want), and signs it, it will be enacted. I don't
    know which representatives or senators are on the conference committee.
     
  11. AB3TQ

    AB3TQ Ham Member QRZ Page

    I had looked for confirmation one way or another but never found it. Can you point to a confirmation link about the ARPA situation?
     
  12. KB1PA

    KB1PA XML Subscriber QRZ Page

    I have a copy of the Senate Bill, all 1254 pages. No mention of Amateur Radio at all. It is in the
    House version on page 522 of 1052. It will be up to the conference committee.
     
  13. WA7PRC

    WA7PRC Ham Member QRZ Page

    Why wait for a "solution" that may not be much better than a dummy load? Hams can currently operate...
    ...and the HOA/CA can say nothing about it. Or, you can be like my "kid" brother, counting on a single solution. When it doesn't happen or is underwhelming, it's like he was punched in the gut. I like options.
     
  14. K1VSK

    K1VSK Ham Member QRZ Page

    For anyone who might still have an open mind about this, the relevant amendment larguage is substantially different than what appeared in the ARPA Bill.

    Specifically, the current version requires via FCC regulation to "permit HOAs /CAs to establish written rules concerning height, location, size and aesthetic impact of, and installation requirements for outdoor antennas".

    The old language including terms as "reasonable accommodations" no longer exists but rather includes the requirement that hams "notify and seek approval". Nowhere are CAs required to grant anything.

    The 'fallout' from all of this is uncertain but changing the mindset of HOAs isn't as likely as them simply writing whatever they want in terms of defining "size, height and aesthetic impact".
     
  15. W8LV

    W8LV Ham Member QRZ Page

    It's all there!

    Sec. 1083. Amateur radio parity.


    SEC. 1083. AMATEUR RADIO PARITY.

    (a) Findings.--Congress finds the following:
    (1) More than 730,000 radio amateurs in the United States
    are licensed by the Federal Communications 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) Federal Communications 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.
    (b) Application of Private Land Use Restrictions to Amateur
    Stations.--
    (1) Amendment of fcc rules.--Not later than 120 days after
    the date of the enactment of this Act, the Federal
    Communications 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--
    (A) on its face or as applied, precludes
    communications in an amateur radio service;
    (B) 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
    (C) does not constitute the minimum practicable
    restriction on such communications to accomplish the
    lawful purposes of a community association seeking to
    enforce such restriction.
    (2) Additional requirements.--In amending its rules as
    required by subsection (a), the Commission shall--
    (A) require any licensee in an amateur radio
    service to notify and obtain prior approval from a
    community association concerning installation of an
    outdoor antenna;
    (B) 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
    (C) 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.
    (c) Affirmation of Limited Preemption of State and Local Land Use
    Regulation.--The Federal Communications 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.
    (d) Definitions.--In this section:
    (1) 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) The terms ``amateur radio services'', ``amateur
    service'', and ``amateur station'' have the meanings given such
    terms in section 97.3 of title 47, Code
     
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