S 1755, What is it?

[KA4DPO]

There is a lot of interest on both sides of the fence regarding S 1755 Amateur Radio Emergency Communications Enhancement Act of 2009.

The bill as passed in the Senate can be seen here:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1755:

Most of the bill discusses what the title implies, incorporation of amateur radio into the various federal agencies outlined in the document.

There is a paragraph that addresses private land use and impediments to effective antennas but it is rather non specific in it's purpose where such impediments are concerned.

• • (2)(A) identify impediments to enhanced Amateur Radio Service communications, such as the effects of unreasonable or unnecessary private land use regulations on residential antenna installations; and

• • (B) make recommendations regarding such impediments for consideration by other Federal departments, agencies, and Congress.

It only asks for a study but doesn't overrule any such impediments and only asks for a " study and recommendations" which is Washington speak for don't do anything.

My primary concern with this bill centers on the following:

(4) Amateur Radio Service has formal agreements for the provision of volunteer emergency communications activities with the Department of Homeland Security, the Federal Emergency Management Agency, the National Weather Service, the National Communications System, and the Association of Public Safety Communications Officials, as well as with disaster relief agencies, including the American National Red Cross and the Salvation Army.

While certain clubs and groups may have formal agreements amateur radio does not. This is the equivalent of saying FM radio supports the Professional Rodeo Association. Just because an FM station in Tulsa, OK signed an agreement to support the Rodeo doesn't mean that every FM station in the country is bound by that agreement yet the above language indicates that all of amateur radio has entered into the named formal agreements.

As I pointed out before amateur radio is not a single entity but a collection of individually licensed stations. Since when did "amateur radio enter into any agreement with anyone that is not spelled out in CFR 47, Part 97? I entered no such agreement.

Also, and this is important, if you refer to CFR 47, Part 97, Sub part E, Section 97.407 you can see that this section very clearly defines the rules for emergency communications. This leaves me to wonder about the real purpose of the bill since amateur emergency communications is already addressed by public law.

This bill is very broad and non specific in it's purpose leaving lots of wiggle room for weasel worded amendments down the road that could serve to usurp Part 97 and further regulate amateur radio in the "interests of Homeland Security".

Think I'm being paranoid? Have you ever met an honest politician, I haven't.

[N2RJ]

Yes, you are right about the agreements thing. But I would chalk that up to a simple misunderstanding or clerical error.

By the way, do you know that if you carry a firearm on board an Amtrak train that you have to travel in a locked box? Not just the firearm, but you too.

http://congress.blogs.foxnews.com/20...cked-in-boxes/

http://www.foxnews.com/politics/2009...sengers-boxes/

And yes, this bill is now the law of the land.

[N0SYA]

way i look at it if the s hits the f and theyre down on radio gear and operators they will just come and grab our stuff and mebbe us too

wether we want to go or not

[WN9HJW]

This leaves me to wonder about the real purpose of the bill since amateur emergency communications is already addressed by public law.

The real purpose all along has been to find an excuse for Congress to create a federal law to force homeowner's associations to let hams put up towers and beams for contests and DXing. The "emergency communications" and homeland security stuff is merely a smokescreen.

This bill is very broad and non specific in it's purpose leaving lots of wiggle room for weasel worded amendments down the road that could serve to usurp Part 97 and further regulate amateur radio in the "interests of Homeland Security".

The ARRL has tried to push bills before with the same ulterior purpose. This time they took a little different tack, a two-stage process, with this "study" and then presumably a new bill later, using the study to justify the law they want. Well, I don't know who they have lobbying for them in Washington, but everyone worth a dang knows you do NOT ask the government for a "study" unless you already know what the results are going to be, or have someone in your pocket in the government who will make sure it comes out in your favor.

So, anyway, this current bill will not directly result in any changes to the laws. That would have to be another whole round of new bills next year or after.

Think I'm being paranoid? Have you ever met an honest politician, I haven't.

I don't think you're being paranoid. They really are out to get you!

But seriously, I see a lot of risk in having this "study" being done by DHS. Many of the proponents of this thing seem to be blindly assuming that the study will be positive and will conclude what the ARRL wants it to conclude - i.e. that HOAs should allow towers and beams in the interest of homeland defense.

But, such a study could very easily (and probably more honestly) find that there is no need for any federal ham radio antenna preemption for DHS purposes, and that a majority of hams are either useless in a disaster, or even detrimental to DHS mission.


The study called for by this bill is only sure works to ARRL's benefit if the ARRL is the one conducting the study. I think that's what they probably had in mind originally. The House version of the bill did name the ARRL as the key source of expertise for DHS to utilize. But the Senate version does not specifically name the ARRL. DHS could just as well give the study to anyone they want as the primary, and relagate ARRL to a minor player. And they'll almost certainly contract this out to some low-bidding beltway bandit firm, not do it themselves, so even if ARRL has someone in DHS in their pocket, it may not be enough.

[WN9HJW]

On the other hand, maybe the ARRL lobbyist isn't a complete doof, and has also arrange an earmark for ARRL to do this studyk, through one of the CT senators or congresscritters.

Follow the money!

[KD0CAC]

Its just somebodies brother , getting bigger .
I have many interests , and associations , memberships .
At every level , we are losing rights / freedoms .
And non of them have any indication of improvement of rights / freedom .
So why would this be any different ?
At every level we as a people are losing .
I do not want to think this , would like someone to show me different .
Leave your wool at home .
Just the facts Mam .
Another testy sore point , being prodded .

[KY5U]

Slowly back away from the keyboard...now, take the GREEN pill. All the squirrels will come back into focus soon...

[KA4DPO]

The real purpose all along has been to find an excuse for Congress to create a federal law to force homeowners associations to let hams put up towers and beams for contests and DXing. The "emergency communications" and homeland security stuff is merely a smokescreen.

If that really is the case then this is absolutely the most stupid way to go about it. With PRB-1 already in place the government is not going to waste floor time in the House and Senate to legislate another antenna bill.

To the literal minded lawmakers the language of this bill indicates that it's primary purpose is to investigate using, or not, amateur radio as an adjunct to federal emergency response and management agencies.

This is just one more reason for me to leave the ARRL in the dust. With the introduction of this legislation they have completely failed to represent the amateur radio community. They are instead, pushing an agenda that only serves to increase their revenues by sucking in the whackers and new hams who simply don't have the historical knowledge to know how badly the ARRL is screwing them.

[KA4DPO]

The bulk of amateurs seem to be in denial over the purpose of this bill. The name "Amateur Radio Emergency Communications Enhancement Act of 2009" speaks for itself.

There is no way that the federal government wants to get mired in penty anty food fights with municipal and HOA rules. The study is nothing more than a smoke screen and may very well have findings that we don't want to hear. The main thing to remember is that the Federal Government can't over rule States Rights and that includes private land use within a State.

If you think that this will change the HOA situation think again, it won't.

[N2RJ]

If that really is the case then this is absolutely the most stupid way to go about it. With PRB-1 already in place the government is not going to waste floor time in the House and Senate to legislate another antenna bill.

Negatory. The passage of this bill shows that they will, if given enough push.

PRB-1 has nothing to do with this since it does not cover HOAs, and the FCC won't touch the HOA issue unless there is something to make them touch it.

And I honestly wouldn't care about the HOA issue except that state and local Governments are now requiring them for every new development being built. Pretty soon there will be no housing without a HOA available. This means that all hams will have to use crappy indoor antennas, if they are even allowed that!

Local Governments are also ignoring PRB-1 and even their own ordinances with respect to amateur radio antennas. One town near to me used stall tactics for 2 years to prevent a ham from putting up a tower, even though their ordinances specifically allowed amateur antennas and towers.