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Office of (Name)
United States House of Representatives
Washington, DC 20515
or
Office of (Name)
United States Senate
Washington, DC 20510
Date, 2001
The Hon. ____________________________
____________________ House (or Senate) Office Building
Washington, DC 20515
Re: Congressional Assistance In FCC Matter
Dear Representative ___________________:
I am writing to ask for your assistance in a matter that is important to our Congressional District.
In our Congressional District and in our State, the Amateur Radio Service, provides emergency communication where existing communication may be disrupted by flood, hurricane, tornado, earthquake, brushfire, or other disasters. FEMA, the American National Red Cross, and the Salvation Army and other groups have letters of agreement with our national association, the American Radio Relay League (ARRL) to cooperate when disaster strikes. Both Congress and the FCC have repeatedly noted the strong Federal interest in promoting Amateur Radio communication (See, for example, P.L. 103-408 and P.L. 100-594).
But an unexpected anomaly in a growing number of private land use agreements is making the communication capability offered by Amateur Radio unavailable in a growing number of communities. Because of certain "boilerplate" clauses in real estate purchase agreements in some new housing developments, legitimate licensed Amateur Radio operators are being denied the right to put up even the most unobtrusive antenna, sometimes, even if the antenna is completely hidden!
Last year the ARRL filed an Application for Review (RM-8763) with the Federal Communications Commission requesting that the FCC clarify its "reasonable accommodation" policy regarding private land use regulation of Amateur Radio antennas. So far, the FCC has not acted promptly or favorably in this matter. As one of your constituents who is an Amateur Radio licensee, I am requesting your assistance and possible intervention.
Here's why: In 1985, the FCC balanced the interests of town land use authorities to maintain local zoning by requiring them to exercise "reasonable accommodation" to requests from Amateur Radio homeowners to install some form of antenna on their own property, thus acknowledging limited federal interest in permitting Amateur Radio licensees to set up antennas. 47 C.F.R. §97.15(b).
The policy has been very successful and has generally led to tasteful yet effective installations as towns and residents work together reasonably. But so far, the FCC has been reluctant to apply that same national policy to private land use regulations. ARRL's requests that the Commission revisit the issue and reconsider it have repeatedly been denied.
The ARRL's request is modest and does not expand existing policy. It would require only that homeowner associations make "reasonable accommodation" (the same flexible and not intrusive standard required of towns) for antennas for Amateur Radio homeowners in subdivisions. It intrudes far less on the authority of planned communities than do other Federal policies governing telecommunications facilities, and recognizes the legitimate concerns of homeowner associations.
If you would like more information from me or our national association, please contact me at the address below, or contact ARRL's legislative liaison Steve Mansfield at ARRL headquarters in Connecticut at 860 594 0240.
Yours very truly,
Your name (Amateur Radio Call Sign ________)
Street Address
City, State, Zip
