Amateur Radio Bill Passes Senate, Moves to the House

On Monday, December 14, S 1755 -- The Amateur Radio Emergency
Communications Enhancement Act of 2009 -- passed the Senate by
unanimous consent; the bill now goes to the House of Representatives
for consideration. Sponsored by Senator Joe Lieberman (ID-CT), and
Senator Susan Collins (R-ME), S 1755, if passed, would direct the
Department of Homeland Security (DHS) to undertake a study on
emergency communications.

S 1755 points out that "There is a strong Federal interest in the
effective performance of Amateur Radio Service stations, and that
performance must be given -- (A) support at all levels of
government; and (B) protection against unreasonable regulation and
impediments to the provision of the valuable communications provided
by such stations."

Members of the Senate Homeland Security and Governmental Affairs
Committee considered S 1755 on December 10. After it passed through
Committee, it was placed on the Senate's calendar to be voted on.
"We are grateful to Committee Chairman Lieberman and Ranking Member
Collins for sponsoring the bill and arranging for its swift
consideration and passage by the Senate," said ARRL Chief Executive
Officer David Sumner, K1ZZ.

Similar in language to HR 2160 (also called The Amateur Radio
Emergency Communications Enhancement Act of 2009 that was introduced
this past April by Representative Sheila Jackson-Lee [D-TX-18]), S
1755 calls on DHS to undertake a study on the uses and capabilities
of Amateur Radio Service communications in emergencies and disaster
relief and then to submit a report to Congress no more than 180 days
after the bill becomes law. The study shall:

Include a review of the importance of Amateur Radio emergency
communications in furtherance of homeland security missions relating
to disasters, severe weather and other threats to lives and property
in the United States, as well as recommendations for enhancements in
the voluntary deployment of Amateur Radio licensees in disaster and
emergency communications and disaster relief efforts and improved
integration of Amateur Radio operators in planning and furtherance
of the Department of Homeland Security initiatives.

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 make recommendations regarding such impediments for
consideration by other federal departments, agencies and Congress.

In conducting the study, S 1755 directs the Secretary of Homeland
Security to "utilize the expertise of stakeholder entities and
organizations, including the Amateur Radio, emergency response and
disaster communications communities."

S 1755 makes note of the fact that Section 1 of the Joint Resolution
entitled Joint Resolution to Recognize the Achievements of Radio
Amateurs, and To Establish Support for Such Amateurs as National
Policy -- approved October 22, 1994 (Public Law 103-408) -- included
a finding that stated: "Reasonable accommodation should be made for
the effective operation of Amateur Radio from residences, private
vehicles and public areas, and the regulation at all levels of
government should facilitate and encourage amateur radio operations
as a public benefit."

The bill also pointed out that Section 1805(c) of the Homeland
Security Act of 2002 (6 U.S.C. 757(c)) directs the Regional
Emergency Communications Coordinating Working Group of the
Department of Homeland Security to coordinate their activities with
ham and Amateur Radio operators among the 11 other emergency
organizations, such as ambulance services, law enforcement and
others.

 

A step in the right direction!!!

About time!!!

 

do not be so happy with the government deeper into what you do.

name one time that government gets into something and makes it better and does not take away rights and liberties. all this means is that now there will not be as much freedom on what hams can do. they can say anything is an emergency and take away the frequencies for their own use at a moments notice. this is just putting it into law. before you read the bill i would not be cheering. this government has gone deeper into socialism and communism in the past year, this bill is no different.

 

I am not trying to argue with you and I do agree that more government intervention is not whats really needed, I do have a few questions for you so please read till the end and reply if you like. Again, I am not being confrontational I am just asking...

First... just a bit of Levity... you said name one time the Federal Government got involved that was good? Postal Service.... I can ship a letter from here in DC to my Family in California for $0.44 and it gets there in 2 or 3 days.... beats the pony Express for speed and UPS or Fed Ex in Cost any day!

1. Are you really worried that the Federal Government is going to declare an emergency and take over the 2 meter band or 10 meter? or 20 meter? I have seen a lot of things done in the name of "Disasters" and I got to tell you, I REALLY doubt the federal government wants 80 meters! AND if things got so bad that the Federal Government was relying SOLELY on Ham Radio to save the day... well we are in deeper trouble than just having Band Width taken away.


2. If there was a "Disaster" what makes you think they wouldn't hold an emergency session and pass legislation taking it away from you anyway? At least this way it is thought out and not as much of a knee jerk reaction as the creation of DHS was in 2001.. Read the "Constitutional Continuity Operations Plan" All the President needs in the Cabinet and a handful of Reps from each state and all kinds of decisions can be made. I know you are saying that "Well that will never happen!" and I hope your right, but that leads me back to my question... isn't it better to have a plan and be apart of the solution vs a few voices hidden away in a mountain deciding for you?


3. IF and a BIG IF there was a disaster.... and the end of the world was happening.... WHY would the Federal Government take over band Width that ANYONE with a radio can monitor? AND if the Communications of the Federal Government was knocked out... i.e. an Atomic Blast or some other EMP Burst wouldn't all of the less shielded Ham Radio's we have be blown as well? AND if it was due to an Enemy Invasion and we revert to 2 meter for military operations well.... well Just like in the gulf war... they can tune in on their Alinco rigs and not have to watch CNN this time around.


I also offer this up to everyone who actually read my post all the way thru and havent already flamed me.

Who is the President if the United States?
Easy one right?

OK... Vice President... Again Easy...

Secretary of State? Good...

... Now Who is your Senator? How about your Congressman?

If you feel Passionate about this piece of Legislation write them.
www.house.gov
www.senate.gov

I would also ask you what Bills have been passed and signed into Law that you would deem Socialistic or Communistic?

Thank you for time and reading my post

 

W3CUM

Well put. Thank you for the voice of reason instead of hysteria and extremism.

 

The US Postal Service is as much a part of the Federal Gov't as the Federal Reserve is. That is to say, It isn't....

 

Blah-Blah-Blah

Save your breath sports fans.

The government knows the amateur radio service is waning and the minority actually involved in emergency preparedness amounts to all the players in the NFL. (Certainly an exaggeration,but "our" numbers are an obscene joke)

As for the illustrious "legislation", Hams will never win against HOA's CC&R's. Stop fooling yourselves you're gonna move into a lush subdivision and have any antenna, other than that which will fit in your attic!

Take up something healthy my ex-fellow hams. Save yourselves, not your fat-bellied HOBBY! "The Service" is no longer fooling anyone, let alone our local municipalities and city/county fathers. Arrogance KILLED the "radio star" a long-long time ago. Anything beyond this is simply more Blah-Blah-Blah-Blah-Blah from pipe-dreamers.

God Bless their collective pea-pickin' hearts...

And same to you!

Merry Christmas that is...

 

True... but my point was the Federal Government Created it. In Fact Benjamin Franklin was Appointed the First Post Master General in 1775 by the Continental Congress.... A forrunner of our current government.

I sometime wonder what Mr Franklin and the other "Fore Fathers" would think about the state of the Union today. I would like to think that they would be impressed that the core of their plan for a "Great Nation" was still intact. I would hope they would see that some customs and traditions were still honored and they would be impressed with the advancements we have made built on the foundations they layed. I also think they would be impressed that we can still have lively debates such as these, while not in a town square or in a public house over a pint but still be allowed to debate and disagree and not fear for our safety nor livelyhood.

Remember that decisions are made by those who show up.... and Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has.

you know... I think the fore fathers had it right.... debates are more fun in person and over a pint... less typing involved!

 

We don't need anymore Government involvement!

I have a major problem with this bill myself. The premise of the bill is good, however, the bureaucratic BS that is going to ensue is the problem that I have. Once you get the government involved into something that most of them probably don't understand, you end up with 500 more people advising them on the subject; and the reality is that those 500 people don't have a damn clue about what they are doing either! I understand that people want to have the protection of the government so they can put up whatever antenna that they want. Great...Fine and dandy. However, this is not the way to do it.

This whole thing is just so that the government can "study" ham radio. I see it as a door opening for what could be beneficial to amateur radio, as well as the possibility for regulations to be implemented that could be detrimental. If people cannot see that the possibility exist, then there is some naive people within our ranks pushing this.

The comments that I have seen concerning this bill -- not just on QRZ -- really shows the apparent naivety that is out there. Yes, this bill looks good on the surface. However, there needs to be more consideration of the possibilities before people go off half-cocked. Any time the government wants to get involved, people need to delve deeper into the subject and consider all the possibilities; not just the obvious ones!

I have already told the ARRL my feelings on the subject: I told them that I am not going to support a bill that the whole facts and truths are not discussed. Yes, this is just a hobby, with public-service being a minor role. However, I sure the hell don't want the government involved just to protect me... so I can put my tribander up where I want. What is the potential cost of this? I don't know, but I don't want to find out either.

73, John, AD7VH

 

Fatal flaw in legislation

The Senate legislation includes the same erroneous wording found in the House bill, about "agreements" the Amateur Radio Service has reputedly signed with the American Red Cross and other groups.

Here's the problem, as I see it:
The Amateur Radio Service cannot enter into formal agreements. It is not a company, like United Parcel Service. It is an entity; a regulated set of frequency allocations with licensee users.

Potential impact:
Removing the mistake would undercut the claimed value of the "Service" among federal agencies, and possibly cause legislators to say the "study" is not worth the $500,000 estimated cost..


ACTUAL WORDING THAT IS IN ERROR:

There are no such agreements possible, as worded..
Who would sign them?
"Mrs. Part 97" ?
"Mr. A. R. Service" ?

One possible way to "correct" the wording is to have legislative staff change the above paragraph to "ARRL has formal agreements for the provision of volunteer emergency communications activities ...."

That would make the ARRL the legislative subject in this proposal.

HERE IS THE SENATE LEGISLATION:

http://thomas.loc.gov/cgi-bin/query/D?c111:4:./temp/~c111mSKJS7::

The bill defines our radio hobby as follows:

Do the words in place of , there at the end, overstate things just a little ?

The legislation is moving through Washington but it smells like it was written in Newington.

 

Oh my god. Does any legislation get written in Washington? Not really....Its written by congressmen in conjunction with a lobbying interest.

Politics 101.

 

Well, here are my thoughts.

1. I have no problem with amateur radio being involved in back up emergency communications. I was glad to see clarifications that the FCC came out with in regards to amateurs who work for an entity and them being on the air doing comms for the "boss". Amateur radio needs to be the folks who are called upon when all else is down, and then, let the trained (not ARRL EMCOMM trained, but EMA trained) volunteer amateur radio operator do comms.

2. When all the EMCOMM push started, I think the ARRL pushed the government too hard to get a "position" at the EMCOMM table, and where did amateur radio wind up? A part of CERT. CERT is a good group, but amateur radio stands on it's own.

3. If amateur radio had been promoted to the general public by amateur radio operators in the local community, the ARRL lobbyists would have never had to go to DC in the first place. And, they wouldn't constantly be begging for money from amateurs. I can remember when neighbors were glad to have an amateur radio operator in their community.

4. EMCOMM and amateur radio has become too commercialized. The ARRL gets their chunk by selling books, study guides, and charging for EMCOMM testing. Others get their by selling other goods.

5. Training. Has anyone actually sat down with an EMA official (one that your group has a good relationship with) and asked them what training they would prefer you have? I think you will find, that the EMA would rather train you according to their precived needs, and let you do your own training as far as communications theory and procedure. A good communicator does it every day. Such as digital operations (packet, WL2K, HF digital modes), if they are not practiced regularly (not just in drills) you will look like a fool when called upon. Be a practiced, trained communicator, then let the EMA do the specialized training you need with regards to how you respond for them. Every EMA I have ever known that provided training did it free of charge, some even provide donuts and coffee (and some... lunch!).

6. The OMs and OLs (and I say that with great respect for my elders) that pioneered EMCOMM did so by practicing their craft while enjoying the amateur radio hobby, and responding only when called, and not before. We could all take lessons from them.

de NA4IT

 

Amateur Radio is not, has never been, and should never become, an Agency of the US Government. And that is where this bill, and this study, is leading, to make Amateur Radio a division of Homeland Security.

Part of the failure in the bill is to suggest that amateur radio will be used in 'Dept of Homeland Security Initiatives." What ARE those initiatives? DHS is not FEMA. It is not a response agency to hurricanes and tornados. It covers a wide range of law enforcement activities, such as immigration and border security.

What 'initiatives' would DHS require amateur radio to be part of? Airport security? Why? We have TSA. Why do we think hams can do a better job? Border Patrol? Is that what we want? Red vested hams with HTs and pistols or machine guns patrolling our borders? Drug interdiction? Working with the FBI to provide classified communications?

What are our "duties" as part of DHS Initiatives? That is a very broad and dangerous job description. And it IS a job description, something we have never had in amateur radio in 100 years. We do not have a "Job Description." We aren't a "Job." But if we become an extension agency of DHS, we will definitely have a Job Description.

All this is, is a bil to (a) recruit more members for ARRL, and (b) allow a lot of so-called 'hams' to experience a bit of authoritiy they can't have now because they can't be real cops.

HOA? You're kidding! There isn't one ham in a hundred thousand who wants to get around the HOA restrictions he agreed to in the first place, just so he can do EMCOM. No, he wants that tower and beam so he can work DX. The HOA variance is a lie. He wants to pursue his hobby, while preventing others in the neighborood from pursuing theirs of building racing engines, repairing cars, raising chickens, and the like. He wants an exemption so he can chase DX, but he will never admit it. He pretends he wants it so he can save the world, because he is critically important to the well being of the neighborhood. Well, in the barnyard they can shovel it deper than that. He isn't fooling anyone. And that's wh the HOA doesn't give him an exemption. They KNOW he isn't fooling anyone.

The bottom line is the ARRL keeps taking different routes to try to "get more hams, Mom." If one way fails, they try another, and yet the goal is the same. Play on the 'hero complex." Recruit more Walter Mitty types.

As someone noted, Amateur Radio cannot sign an MOU. Not with anyone. But the ARRL can. However, the ARRL does not represent all hams, by any means. Those MOUs violate MY rights to enjoy amateur radio, without having to play cop.

Ed

 

Anything with Ms. Jackson-Lee's fingerprints on it is immediately suspect. I don't see this as advancing Amateur Radio but rather narrowing its scope over time to just one aspect of the five basis and purposes listed in Part 97.1. Like other legislation before this congress this is better sunk and never heard from again.

 

The reason why she is the House sponsor is because she saw firsthand what amateur radio can do. Remember, her district includes Houston, Texas which got hammered by a hurricane last year. She saw the damage done on Galveston and in sections of Houston which are low lying. She also saw - firsthand - how the local government communications systems were wiped out, but that the amateur stations were all fully functional. That left a very lasting impression on her.

Does that meet your conspiracy theory test?