Amateur Radio Antennas in Mandated Properties

 
          Sponsor calls CC&R bill "the right and fair thing"
                      CC&R BILL "THE RIGHT AND FAIR THING," SPONSOR SAYS

The sponsor of a bill aimed at providing relief to amateurs faced with private deed covenants, conditions and restrictions--CC&Rs in erecting antennas--says he introduced the measure because "it's the right and fair thing to do." Freshman Rep Steve Israel (D-NY) introduced the "Amateur Radio Emergency Communications Consistency Act" on May 14. The measure--H.R. 4720--would require private land-use regulators--such as homeowners' associations--to "reasonably accommodate" Amateur Radio communication consistent with the PRB-1 limited federal preemption. PRB-1 now applies only to states and municipalities.

H.R. 4720 has been assigned to the Telecommunications and Internet Subcommittee of the House Energy and Commerce Committee.

Israel, whose father, Howard, is K2JCC, told amateurs in his home district recently that he's already hearing from Commerce Committee members who have been contacted by their Amateur Radio constituents regarding H.R. 4720. His remarks May 29 during a special meeting of the Great South Bay Amateur Radio Club in Long Island, New York, marked his first public
effort to drum up support for the measure within the amateur community. Members of other Long Island clubs also were on hand for Israel's visit.

Israel says the FCC currently does not apply the PRB-1 limited federal preemption policy consistently, a situation he called "patently unfair" to those living in developments, where they face antenna restrictions or even outright prohibitions. H.R. 4720, Israel explained, would require entities imposing private land-use restrictions--such as homeowners' associations--to enter into good faith negotiations with amateurs in an effort to "reasonably accommodate" Amateur Radio communication--just as they do now with public land-use regulators."

"In America, we are fair and consistent," Israel said.

Rep Greg Walden, WB7OCE (R-OR)--the only Amateur Radio operator in Congress--and Rep Pete Sessions (R-TX) have signed on as original cosponsors of H.R. 4720. Since its introduction, the bill also has attracted two additional cosponsors--Rep J.D. Hayworth (R-AZ) and Rep. Patrick Tiberi (R-OH).

The measure, which ARRL assisted in drafting, contains a single sentence:
"For purposes of the Federal Communications Commission's regulation relating to station antenna structures in the Amateur Radio Service (47 CFR 97.15), any private land use rules applicable to such structures shall be treated as a state or local regulation and shall be subject to the same requirements and limitations as a state or local regulation."

The ARRL encourages its members to contact their congressional representatives and urge them to sign on as co-sponsors and to support H.R. 4720. Visit the US House of Representatives "Write Your Representative Service" Web page  http://www.house.gov/writerep/  
for information on how to contact your representative.

The League requests those writing or e-mailing members of Congress--whether or not they are supporting this legislation--to copy ARRL on their correspondence--via e-mail to [email protected] or via US Mail to CC&R Bill, ARRL, 225 Main St, Newington, CT 06111. Correspondents should include the bill number, H.R. 4720, as well as their name and
address on all correspondence.