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 Previous: FCC Releases Details Of 5 MHz, 136 kHz And 2400-2402 MHz Proposals |  Next: FCC Amateur Radio Enforcement Letters for the Periods Ending May 4 and May 18, 2002 |
ARRL Hudson Division Director Frank Fallon, N2FF (left), Rep Steve Israel, and ARRL President Jim Haynie, W5JBP, at the congressman's office earlier this year. |
NEWINGTON, CT, May 15, 2002--A bill introduced in Congress May 14 could provide relief to amateurs prevented by private deed covenants, conditions and restrictions--CC&Rs--from installing outdoor antennas. Rep Steve Israel (D-NY) introduced the "Amateur Radio Emergency Communications Consistency Act." The measure--H.R. 4720--would require private land-use regulators to "reasonably accommodate" Amateur Radio antennas consistent with the limited federal preemption known as PRB-1, which now applies only to states and municipalities. 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.
The measure contains but one 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."
H.R. 4720 was expected to be assigned to the Telecommunications and
Internet Subcommittee of the House Energy
and Commerce Committee.
 Rep Pete Sessions of Texas is a co-sponsor of the CC&R bill. |
After the ARRL ran into a brick wall trying to convince the FCC to include CC&Rs under the limited federal preemption known as PRB-1, the League's Board of Directors agreed to pursue a congressional remedy. ARRL President Jim Haynie, W5JBP, and other League officials met with Israel, Walden, Sessions and others on Capitol Hill earlier this year to discuss the prospect of such a bill and how it should be worded. With the proposal now in the legislative hopper, Haynie says the "really hard work" is up to the amateur community, League members or not.
"It becomes important for all of us to write
your congressman, call your congressman and voice your support," Haynie said.
"This will have to be a grassroots effort, and we're going to pull out all the
stops."
 Rep Greg Walden, WB7OCE--the only ham in Congress--has signed on as a co-sponsor of the Amateur Radio Emergency Communications Consistency Act. |
Israel, whose father, Howard, is K2JCC, said in a statement read into the Congressional Record that his bill would subject private land-use regulations to the provisions of the FCC's PRB-1 preemption policy. "Under current law, the FCC does not apply this policy consistently," Israel said, noting that PRB-1 now applies only to state and local zoning and land-use regulation of ham radio antennas. "My bill addresses this issue and provides amateur radio licensees with the ability to negotiate reasonable accommodation provisions with homeowners' associations, just as they do now with public land-use regulators."
Haynie said the measure "doesn't mean you can put up whatever you want to put up, but at least it brings the people to the table so you can negotiate something." He said the important thing to point out is that the bill, if passed by both houses of Congress and signed by the president, would give amateurs living under CC&Rs an opportunity for reasonable accommodation they don't have now, without getting involved in expensive and time-consuming litigation.
In his statement, Israel called CC&Rs "a growing challenge" to Amateur Radio's ability to provide public service communication. Good faith negotiations, he said, "ensure that an amateur radio operator's technical needs are met, while preserving the aesthetics and interests of a neighborhood."
In urging his colleagues to support the legislation, Israel said the Amateur Radio Emergency Communications Consistency Act "will help to protect the vital function of Amateur Radio as an emergency communications and public safety resource."
The ARRL encourages members of the amateur community to contact their congressional representatives and urge them to sign on as co-sponsors and to support the H.R. 4720. Visit the US House of Representatives "Write Your Representative Service" Web page for information on how to contact your representative. A sample letter can be found on the ARRLWeb.
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 ccr-bill@arrl.org
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.
| Previous: FCC Releases Details Of 5 MHz, 136 kHz And 2400-2402 MHz Proposals | Next: FCC Amateur Radio Enforcement Letters for the Periods Ending May 4 and May 18, 2002 |
