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 Previous: The K7RA Solar Update |  Next: FCC Keeps Up Pressure on Unlicensed 10-Meter Operations |
NEWINGTON, CT, Feb 27, 2004--The ARRL this week submitted written testimony in support of two pieces of Amateur Radio antenna legislation under consideration in Hawaii. House Bill 2774 would aid Hawaiian amateurs living in subdivisions subject to homeowners' association covenants, conditions and restrictions (CC&Rs). In general, HB 2774 would permit such Amateur Radio licensees in Hawaii to install antennas, feed lines and other telecommunications equipment "directly attached to the owner's residence or other permitted structure on the owner's lot." A second bill, HB 2773, would allow amateur licensees in condominiums to install antennas on their units without needing permission from an apartment owners' association or managing agent, as long as the equipment is directly attached to the owner's apartment or "to any limited common element reserved for the apartment's use."
"HB 2773 and HB 2774 would greatly assist in insuring a ready, trained cadre of emergency communicators whose stations would be available to provide communications throughout Hawaii, and between Hawaii and other states during and after natural and other disasters, when normal communications are disrupted," said the ARRL testimony. "These bills would simply assure the ability of federally-licensed Amateur Radio operators to install unobtrusive, basically functional antenna systems without the often arbitrary, or arbitrarily administered, private regulations that routinely preclude Amateur Radio operation."
Both measures now are in the Hawaii House Committee on Consumer Protection and Commerce, chaired by their sponsor, Rep Ken Hiraki (D-28). At a hearing on the two bills February 25, amateur operators spoke of the importance of the Amateur Service during emergencies, while representatives of condominium and planned community associations countered with the need to maintain the CC&Rs that all homeowners agreed to follow when they purchased. The committee subsequently voted to defer any decision on the fate of the bills until March 1.
In its written testimony, the League said the two measures contain sufficient protections against adverse effects to neighbors, and "reach a good balance between the legitimate interests of condominium and apartment owner's associations and homeowner's associations on the one hand, and the clear benefit to the public of available Amateur Radio communications."
The ARRL pointed to the FCC's stated policy that Amateur Radio communications cannot be prohibited and that communities must make reasonable accommodation for amateur communications using "the least practicable restriction" to meet the community's legitimate interests. The two Hawaii measures "would apply these principles, in effect, to all residences, whether subject to municipal or private land-use regulations or rules," ARRL said. "It would do so in a way as to protect those who might be directly affected, either aesthetically or in other respects, by an antenna installation."
HR 2774 is similar in intent to HR 1478, the proposed legislation now in Congress that would apply the limited federal preemption known as PRB-1 to CC&Rs on a nationwide basis. If approved, the measures would mark the first legislation on any level to address the restrictions that CC&Rs and homeowners' associations impose to hamper the installation of Amateur Radio antennas.
"ARRL is pleased to wholeheartedly support this much-needed legislation," the League concluded its testimony, "and urges in the strongest possible terms, on behalf of its many hundreds of members and the 3350 radio amateurs in Hawaii who wish to continue to serve the public and their state in a spirit of volunteerism, that both bills do pass."
Hiraki's office has been urging hams in Hawaii to contact their representatives to champion the legislation. He also is asking amateurs in Hawaii to submit their own comments in support of the bills and the need to pass them.
Address letters to Rep Kenneth Hiraki, Chairman, Committee on Consumer Protection and Commerce, Hawaii State Capitol--Room 320, 415 S Beretania St, Honolulu, HI 96813. Testimony in support of either or both bills also can be sent via e-mail rephiraki@capitol.hawaii.gov or via fax to 808-586-6181.
Texts of the two bills, HR 2773
and HR
2774 are available on the Hawaii State Legislature Web site.
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