ARLB011 Amateur Radio Parity Act Language Inserted in National Defense Authorization Act

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ARLB011 Amateur Radio Parity Act Language Inserted in National
Defense Authorization Act

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ARRL Bulletin 11 ARLB011
From ARRL Headquarters
Newington CT May 11, 2018
To all radio amateurs

SB QST ARL ARLB011
ARLB011 Amateur Radio Parity Act Language Inserted in National
Defense Authorization Act

ARRL is praising the work of US Representatives Joe Courtney (D-CT),
Vicky Hartzler (R-MO), and Mike Rogers (R-AL) for their successful
efforts in securing language in the National Defense Authorization
Act (NDAA) for Fiscal Year 2019 that aids in the survival and growth
of Amateur Radio by giving radio amateurs the right to install an
outdoor antenna at their residences with the approval of their
homeowners associations. This language - text from the proposed
Amateur Radio Parity Act (HR 555) - formed the basis for the
Courtney-Hartzler-Rogers Amendment to the NDAA.

The amendment, offered by the bipartisan trio and accepted by the
House Armed Services Committee by voice vote, will ensure that
Amateur Radio operators will continue to play a vital role in
disaster communication, when called upon. Amateur Radio has
long-standing relationships with the Department of Defense through
both the Military Auxiliary Radio Service (MARS) as well as spectrum
sharing.

The Armed Services Committee passed the NDAA by a 60-to-1 voice vote
after a 14-hour markup that ran well into the night. The bill now
awaits House floor action. The Senate will begin its markup of the
NDAA during the week of May 21.

Representatives Courtney and Adam Kinzinger (R-IL) spearheaded the
effort to include the Parity Act language in the NDAA. Both are
cosponsors of the Parity Act, which has passed the House by voice
vote twice in the past 2 years.

Recognizing the long-standing relationship between Amateur Radio and
the Department of Defense, Congressman Kinzinger - who served
multiple tours for the USAF as a fighter pilot and is still a Major
in the Air National Guard, and Courtney, who represents the House
district that includes ARRL Headquarters, have been champions of the
legislation in Congress.

"The steadfast support of the Amateur Radio community continually
demonstrated by Congressmen Kinzinger and Courtney has been a
godsend," said Hudson Director Mike Lisenco, N2YBB. "The Parity Act
wouldn't be anywhere close to this stage without their strong
support, and our organization is extremely grateful."

Lisenco, who serves as Chairman of the ARRL Board's Legislative
Advocacy Committee, also recognized other promoters of Amateur
Radio, including House Energy and Commerce Committee Chairman Greg
Walden, W7EQI (R-OR), Energy and Commerce Ranking Member Frank
Pallone (D-NJ), and House Armed Services Committee Chairman Mac
Thornberry (R-TX). "We are deeply grateful for their continued
understanding and support," Lisenco said.

ARRL will continue to press for support to enact the Amateur Radio
Parity Act throughout the legislative process.
NNNN
/EX

 

Sorry guys;

This time no one will show their hand.

It was unwise to tag the fatally worded HR555 onto the Defense Bill. Especially since there was opportunity to correct its fatal wording in that process.

K3RF will be discussing this HR555 issue--its fatal flaws for ham radio-- at the Legal Forum at Dayton.

 

End of Game
"... aids in the survival and growth of Amateur Radio by giving radio amateurs the right to install an
outdoor antenna at their residences with the approval of their homeowners associations..."

If an Amateur already has the "approval of their homeowners associations", then they won't need this flawed act.

If they don't have the approval, then they will still not get it.

QED

 

Agreed. A waste of lobbying dollars for language that gets nothing but a warm and fuzzy "accomplishment" in someones wallet.

 

This is legislation that assures that each and every US ham has the indisputable right to use(ONLY) a six inch stubby antenna-- outside.

 

It is a crying shame that Ham's are restricted from putting up a efficient external antenna, anywhere. I thought we in the UK were looked down on with antenna problems but it would seem that quite a few of US hams have the same issue due to where they live. Having served in the Royal Signals from being a boy I have been used to errecting antennas for years, where they were needed. Never having to think of any restricktions except to what was overhead, i.e. Power Lines. The only time I was ever bugged by anyone was in Germany. The local Burger Meister sudenly turned up at the radio site. He went off on one about us cutting out the town's TV reception. He had got the wrong detachment. I had to explain to him that our transmitting frequency was nowhere near the TV frequency and I was not allowed to turn my transmitters off without higher authority permission. It was another regiment nearby who was causing his problem but I left him to find that out.

 

It will pass this time.

In Spite of the HOA Lap Dog Lackeys.

73 and All the Best!
DE W8LV Bill

 

No, because the ham must get prior approval of his HOA before deploying that six inch antenna. If the HOA doesn't have a process in place to issue the approval letter, no antenna is allowed. It's not enough for the HOA to not object to the antenna. If you live in a community with a HOA, you must have that approval note in hand before you can put up any antenna.

 

Exactly.

Both the process and the allowed outcome are onerous in their restrictive nature.

 

Ask the senator from Florida.

 

....and the tail continues to wag the dog.

 

.... AND??????

Then there will be a codified LAW that prevents antennas in HOA's.

Those things blocking your view of the forest, they are called trees.

 

Trees is the Forest?
Those are merely Antenna Supports!
Sadly, you missed the Big Picture.
And so Schooled, you shall be:

We don't have to ask Senator Sunshine.
That's The Beauty of it!

If this bill was actually an "HOA win spoiling action" Senator Sunshine would have been "for" passing it, after all, it sure would have made HIS "problem" go away...

And the HOA Lackies lame attempt to play Checkers in a Chess World?

Well, THIS TIME,
they have been placed in Check.

By a Maxim Move.

73 and All the Best!
DE W8LV Bill

 

Like I said, 'Go Fish'...

 

HOW TO AVOID the HR555/NDAA RESTRICTION

If this bad bill passes, rural hams in particular will see major restrictions imposed by their neighbors, through community associations that , prior to the bill, had no antenna mandates. Now they all will.

There is an 'out'.

Although the 'out' limits heights to 60 feet, it does not prescribe Part 97 need for approval from community associations when the antenna is used in this way (below).

Why? Because this bad bill only applies to Part 97 antennas, exclusively. Thus DUAL USE antennas for CB (Part 95 Subpart D) AND Part 97 are outside the prescription of the law (if passed).

§ 95.408 describes the CB description. The antenna height cannot exceed 60 feet for usage in Part 95. The 'ham' will have to demonstrate CB use--not just intent of use--to qualify for the dual service use.

This is a modest loophole, but better than nothing.

Of course, one can also invoke ways of lowering launch angle that do not require high heights. But frankly, knowing that solution, I personally would not assist in such endeavors. Those that create a problem will have to work to find the solutions themselves.

It was a real mistake, IMO, for the ARRL not to consult with ANTENNA COMPANIES before pursuing--and then not correcting-- the bad wording. They might have learned something. Likewise, outside counsel should have been procured for advisement on the MEANING of the badly worded bill.

Nope.