Parity Act of 2017 Introduced - HR 555

Discussion in 'Amateur Radio News' started by KK5JY, Jan 17, 2017.

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  1. WA7PRC

    WA7PRC Ham Member QRZ Page

    I think, since there's no actual NEED or REQUIREMENT, you must've meant personal WANT.
     
  2. N1FM

    N1FM Premium Subscriber QRZ Page

    All this time wasted, thinking I was actually discussing legislation with those who 'need' it to get on the air.

    Well, how about the emcomm guys? Surely some of them 'need' antennas at home ...and a generator?
     
    Last edited: Jan 31, 2017
  3. KK5JY

    KK5JY Ham Member QRZ Page

    Maybe the more interesting question is "why are so many people without CC&R lobbying so vehemently for this bill?"

    I also find it interesting that those same people are willing to overlook the bill's bugs...
     
  4. W1YW

    W1YW Ham Member QRZ Page

    If the bill is passed (as presently written), it is a fair assumption that a POTUS veto will be requested.

    The bill needs to be rewritten if it ever is intended to represent the radio amateur community of the US.

    Getting rid of the 'additional requirements' is the easiest way to do it.
     
    KK5JY likes this.
  5. N1FM

    N1FM Premium Subscriber QRZ Page

  6. KB1PA

    KB1PA Platinum Subscriber Platinum Subscriber QRZ Page

    or, with the stroke of a pen, The prez could order the FCC to alter its current rules to prevent HOAs from prohibiting Amateur Radio Antennas :):):) anything is possible.
     
  7. N1FM

    N1FM Premium Subscriber QRZ Page

    Nope. FCC is an independent agency. Whenever Congress enacts a law affecting telecommunications, the FCC starts a proceeding to create the rules and policies required by the new law. Learn more about the rulemaking process and rulemakings in general.

    https://www.fcc.gov/general/fcc-rulemaking

    Also, an Executive Order issued on January, 30, 2017: "Regulatory Cap for Fiscal Year 2017," states: "(a) Unless prohibited by law, whenever an executive department or agency (agency) publicly proposes for notice and comment or otherwise promulgates a new regulation, it shall identify at least two existing regulations to be repealed."

    https://www.whitehouse.gov/the-pres...ive-order-reducing-regulation-and-controlling

    Also: The Takings Clause, the last clause of the Fifth Amendment, limits the power of eminent domain by requiring that "just compensation" be paid if private property is "taken" for public use - such as the facilitation of emcomm. One exception that restrains the federal government is that the property must be used in exercise of a government's enumerated powers - which do not include facilitating amateur communications - unless they want to designate hams as an organized militia - which would take an act of congress. Such a taking might also violate due process rights under the Fourteenth amendment, or other applicable law. H.R.555 could create litigation of the constitutional variety, only able to be heard in the Supreme Court.

    http://constitution.findlaw.com/amendment5.html

    Not to mention: Donald Trump will naturally want to protect real estate developers... cuz he is one!

    “Our president is a very knowledgeable real estate and construction person, and he understands the world of real estate better than any politician, ever,” Katz told TRD. “He will create jobs that are positive for us and positive for the industry and create an enhanced opportunity for foreign investors to consider South Florida as a viable investment.”

    https://therealdeal.com/miami/2016/11/09/miami-real-estate-players-welcome-trump-presidency/
     
  8. KB1PA

    KB1PA Platinum Subscriber Platinum Subscriber QRZ Page

    the prez is also very experienced in fighting unwanted zoning restrictions, so he might be sympathetic.
     
    KC8VWM and N5PZJ like this.
  9. KK5JY

    KK5JY Ham Member QRZ Page

    Regardless of how ARPA goes, I am very curious to see what the author of the "two-for-one" regulatory rule replacement order does when he is asked to sign a bill that orders FCC to write a new rule. I don't know which way that will go, but it will be fun to watch.
     
  10. N5PZJ

    N5PZJ Subscriber QRZ Page

    DUPLICATE
     

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