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

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

 

Onward.

 

With a certain exception, that's mostly good.

 

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?

 

"Well" is subjective.

 

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.

 

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.

 

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

 

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".

 

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.

 

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

 

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.

 

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.

 

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".

 

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