Sticky Amateur Radio Parity Act of 2015 Introduced in Congress

“The Amateur Radio Parity Act of 2015” — H.R.1301 — has been introduced in the US House of Representatives. The measure would direct the FCC to extend its rules relating to reasonable accommodation of Amateur Service communications to private land use restrictions. US Rep Adam Kinzinger (R-IL) introduced the bill March 4 with 12 original co-sponsors from both sides of the aisle — seven Republicans and five Democrats. Kinzinger also sponsored “The Amateur Radio Parity Act of 2014, which died at the end of the 113th Congress. H.R. 1301 is an essentially identical piece of legislation.

For further reading:

http://www.arrl.org/news/amateur-radio-parity-act-of-2015-introduced-in-congress

1st Session

H. R. 1301
To direct the Federal Communications Commission to extend to private land use restrictions its rule relating to reasonable accommodation of amateur service communications.

IN THE HOUSE OF REPRESENTATIVES

March 4, 2015
Mr. KINZINGER of Illinois (for himself, Mr. COURTNEY, Mr. FRELINGHUYSEN, Mr. ISRAEL, Mr. GRIFFITH, Mr. KING of New York, Mr. TONKO, Mr. WOMACK, Mrs. NAPOLITANO, Mr. FORTENBERRY, Mr. WALBERG, Ms. JENKINS of Kansas, and Mr. PRICE of North Carolina) introduced the following bill; which was referred to the Committee on Energy and Commerce


A BILL
To direct the Federal Communications Commission to extend to private land use restrictions its rule relating to reasonable accommodation of amateur service communications.

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  Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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  This Act may be cited as the `Amateur Radio Parity Act of 2015'.

SEC. 2. FINDINGS.

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  Congress finds the following:

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    (1) More than 700,000 radio amateurs in the United States are licensed by the Federal Communications Commission in the amateur radio service.

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    (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.

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    (3) There is a strong Federal interest in the effective performance of amateur radio 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.

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    (4) Federal Communications Commission regulations have for three decades prohibited the application to amateur radio stations 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 permit erection of a station antenna structure at heights and dimensions sufficient to accommodate amateur service communications.

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    (5) The Federal Communications Commission has sought guidance and direction from Congress with respect to the application of the Commission's limited preemption policy regarding amateur radio communications to private land use restrictions, including restrictive covenants.

SEC. 3. ACCOMMODATION OF AMATEUR SERVICE COMMUNICATIONS.

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  Not later than 120 days after the date of the enactment of this Act, the Federal Communications Commission shall amend section 97.15(b) of title 47, Code of Federal Regulations, so that such section prohibits application to amateur service communications of any private land use restriction, including a restrictive covenant, that--

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    (1) precludes such communications;

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    (2) fails to reasonably accommodate such communications; or

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    (3) does not constitute the minimum practicable restriction on such communications to accomplish the legitimate purpose of the private entity seeking to enforce such restriction.

Thanks for posting that. I was trying to understand the meaning of that bill and who sponsored it. What is a HOA he talks about.
In my county I am allowed a tower height of 75'. I don't have that kind of money to put one up, never mind one that big, but I do know of someone who has a big HF antenna on top of pretty big towers.

Loomis said:

Thanks for posting that. I was trying to understand the meaning of that bill and who sponsored it. What is a HOA he talks about.
In my county I am allowed a tower height of 75'. I don't have that kind of money to put one up, never mind one that big, but I do know of someone who has a big HF antenna on top of pretty big towers.

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Home Owners Association (HOA) An organization in a subdivision, planned community or condominium that makes and enforces rules for the properties in its jurisdiction. They are an irritation when it comes to amateur radio antennas. There are benefits to an HOA. For one keeps people from letting their house get run down or fall in to a state of disrepair. But they tend to take some things way too far.

Clyde said:

Home Owners Association (HOA) An organization in a subdivision, planned community or condominium that makes and enforces rules for the properties in its jurisdiction. They are an irritation when it comes to amateur radio antennas. There are benefits to an HOA. For one keeps people from letting their house get run down or fall in to a state of disrepair. But they tend to take some things way too far.

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Oh I see. It's obvious people do not like antenna towers in there neighborhood, but when the chips are down they knock on our door for help.
I did some research on this and found this article.
http://www.radiosurvivor.com/2015/0...gn-to-limit-ham-radio-blocking-housing-rules/
I support that bill. It helps fellow Hams.

Loomis said:

Oh I see. It's obvious people do not like antenna towers in there neighborhood, but when the chips are down they knock on our door for help.
I did some research on this and found this article.
http://www.radiosurvivor.com/2015/0...gn-to-limit-ham-radio-blocking-housing-rules/
I support that bill. It helps fellow Hams.

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I have battled my HOA in the past, and decided I would no longer seek permission, but rather ask for forgiveness.
I am sure in a disaster the line of people would be lined up around the block seeking Ham radio assistance for contacting "Aunt Mable".....
I have made it know to my association when last I spoke to them about antennas, that when the next major earthquake hits my door will be off limits to all who voted against the antenna.

Now there is a Senate Version too. I found this today on Youtube.

It' long and noisy background but it gives you a good background of how things work on the hill.
Don't worry about the HOA's, they may get to eat it yet.

The term "Reasonable Accommodations" is too vague, reasonable to who.

Loomis said:

Now there is a Senate Version too. I found this today on Youtube.

It' long and noisy background but it gives you a good background of how things work on the hill.
Don't worry about the HOA's, they may get to eat it yet.

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This is the blurp i got from ARRL.org

"US Senator Roger Wicker (R-MS) introduced S 1685 on June 26, with Senator Richard Blumenthal (D-CT) as the original cosponsor, into the US Senate."

Loomis said:

The term "Reasonable Accommodations" is too vague, reasonable to who.

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exactly, it is subject to interpretation. for me reasonable would be a 200 foot tower with rotator, and 2m / 440 vertical on the top!

Clyde said:

exactly, it is subject to interpretation. for me reasonable would be a 200 foot tower with rotator, and 2m / 440 vertical on the top!

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All this does is leave our destiny up to people who are not qualified and only interested in esthetics.

Loomis said:

All this does is leave our destiny up to people who are not qualified and only interested in esthetics.

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This is true. With out definitive wording it does leave things open.
However, one of the things mentioned in the video above is that federal law will trump all others.
The way I understand it, this parity law will make private land use have the same level as corporate and governmental land use with regard to antennas

Yes, you are right. I guess they figure if they can get a foot in the door it's better than nothing. One of my Senators (Johnny Isakson) in a Ham, and he's often seen at Ham Fests here in GA.

Well I just got done contacting my 2 Senators and 1 congressman to support this bill.
I'll post there replies if you want.

Loomis said:

Yes, you are right. I guess they figure if they can get a foot in the door it's better than nothing. One of my Senators (Johnny Isakson) in a Ham, and he's often seen at Ham Fests here in GA.

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I heard that there were a couple of members of congress who are hams

Loomis said:

Well I just got done contacting my 2 Senators and 1 congressman to support this bill.
I'll post there replies if you want.

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sure thing.
My two Senators are pretty much worthless. Feinstein (D-CA) and boxer (D-CA)
I am curious if my congressman would get on board since where I live would appear to be the capital of home owners associations.

Clyde said:

sure thing.
My two Senators are pretty much worthless. Feinstein (D-CA) and boxer (D-CA)
I am curious if my congressman would get on board since where I live would appear to be the capital of home owners associations.

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How depressing. What did you ever do to deserve that !

Loomis said:

How depressing. What did you ever do to deserve that !

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I moved back to the communist state of kalifornia from the great state of nevada to be near my kid after my ex up and left.
This state is so bloody liberal. It is a "nanny" government.