HR 1301 - Amateur Radio Parity Act of 2015

[nwoods]

I got an interesting letter in the mail the other day, from my US Congressional Representative about the "Amateur Radio Parity Act of 2015"

From the letter:

As you may know, the Federal Communications Commission has stated that there is a "strong
Federal interest" in supporting effective amateur radio communications. It also found that zoning
ordinances often unreasonably restrict amateur radio antennas in residential areas. The FCC
created a policy to accommodate amateur radio when it comes to state and local land use
policies. But this policy did not extend to private land use regulations. However, the
Telecommunications Act of 1996 ordered the FCC to enact regulations to preempt municipal and
private land use policies over small satellite dish antennas and TV antennas. The FCC also has
stated that if Congress instructed it to do so, it would extend this policy to amateur radio.

The Amateur Radio Party Act would provide this parity and uniformity in land use
regulations. The existing FCC "reasonable accommodation" policy would apply to amateur radio
for all types of land use regulation. If enacted, the bill would help to preserve the amateur radio
community.

Here is a link to the PDF of the letter:
https://dl.dropboxusercontent.com/u/3772540/HAM-Law-Update.pdf

 

[unseenone]

Interesting-- Had you contacted the office, or was it mined from license data and sent?

More info on it here folks; http://www.arrl.org/news/the-amateu...015-politicians-do-listen-arrl-president-says

 

[nwoods]

Interesting-- Had you contacted the office, or was it mined from license data and sent?

Nope, no contact effort on my part. That was one aspect I found quite interesting.

That article laid it on a little think, don't you think?

“What if their parents have bought houses in neighborhoods with deed restrictions prohibiting antennas?” she speculated. “Those kids’ interest in ham radio gained from school, Scouts, or family friends will have no way to blossom into the life-changing experience of being radio amateurs

 

[brentbba]

Interesting, but if those parents, or any of us moved into or live in a neighborhood with CC&R's and AGREED to those rules and regulations, I just don't see this law overriding that as much as I think that's the intent. As much as I agree with the 'think' line above, I just wonder. It'll probably need a ham enthusiast wanting to put up a ham antenna, being challenged by the HOA and going to court to really clarify the law, if passed, compared to existing CC&R's from HOA's. I know my HOA has restrictions like that. DirectTV type dishes are ok, but I don't think antennas extending above a roof line are if I've got any aging memory left at all. I've got no plans for a home base so it won't affect me personally, but for a hobby/industry, if we want to continue to encourage amateur radio, I hope it passes.

 

[ghutch]

This has some momentum ....without Ham Support it may die! . Everyone should read the ARRL info about this bill. I have contacted my congressman in support of the bill. If anyone wants to do so please go thru the ARRL as mailings now to congress go to a clearing house for security and take months to be delivered. I do not have HOA issues but some guys can't put up anything to transmit on, that's a shame. A large tower and beams are one thing but a simple dipole or vertical is reasonable
The ARRL is getting these letters hand delivered and bypassing the clearing house I understand. Power is in the numbers of folks willing to spend 15-20 minutes to protect our hobby.....many folks take the stance to let others make the laws and decisions.... I'd rather at least have my opinion heard knowing we tried! 73

 

[craig333]

Shoot, not only are antennas not permitted in my mobile home park they don't even allow operation. "Ham" or "CB" radios or other radio transmitters may not be operated in the park. Legal? I have no idea.

 

[k9lestat]

Yeah I think that may be able to be challenged. That is like saying you cant cook fish at you house inside or outside.

Sent from my QMV7A using Tapatalk

 

[nckwltn]

Shoot, not only are antennas not permitted in my mobile home park they don't even allow operation. "Ham" or "CB" radios or other radio transmitters may not be operated in the park. Legal? I have no idea.

iPhones are radio transmitters (and receivers) so are cordless phones.... sounds like rumor or really poorly written policy that will easily be thwarted in court...

 

[prerunner1982]

HR 1301 doesn't just allow a ham to erect whatever antenna they want. It keeps the HOA from straight out saying NO, but it requires that the ham and the HOA come to an agreement on what is an acceptable antenna set up.

 

[EMrider]

Serious question.

What is the "strong Federal interest" that justifies congress authorizing FCC infringement on long standing private property rights?

If that case is not very solid, and I'm skeptical it is, then I strongly doubt this will be passed by a Republican congress already opposed to govt. regulatory power grabs.

R

 

[Robert Bills]

Serious question.

What is the "strong Federal interest" that justifies congress authorizing FCC infringement on long standing private property rights?

If that case is not very solid, and I'm skeptical it is, then I strongly doubt this will be passed by a Republican congress already opposed to govt. regulatory power grabs.

The strong Federal interest is in ensuring a strong licensed amateur radio operator network to ensure communications "during disasters and other emergencies when other forms of communication are unavailable."

Existing law prohibits municipalities from zoning Ham antennas out of existence. Existing law also restricts municipalities and private homeowner associations from prohibiting television antennas and satellite dishes altogether. The proposed legislation would extend the ban on total prohibition by HOAs to Ham antennas as well. This doesn't mean that an HOA would not be able to impose reasonable restrictions as to height, visibility to neighbors, etc., only that an HOA would not be able to totally ban Ham antennas.

It is a solid case in view of the governmental interest in maintaining the efficacy of the Ham system for public safety purposes and the First Amendment rights of Ham radio operators. This type of balancing between public interests and competing interests with respect to free speech and private property rights occurs in nearly every area of the law.

Moreover, the proposed legislation cannot reasonably be construed as a governmental power grab. To the contrary, the proposed legislation empowers Ham operators, who are private citizens, in disputes with pseudo-governmental HOAs.

I have written to my senators and my congressman asking that they support this legislation. I would urge all Hams to do so.

http://www.arrl.org/amateur-radio-parity-act


.

 

[EMrider]

The strong Federal interest is in ensuring a strong licensed amateur radio operator network to ensure communications "during disasters and other emergencies when other forms of communication are unavailable."

Existing law prohibits municipalities from zoning Ham antennas out of existence. Existing law also restricts municipalities and private homeowner associations from prohibiting television antennas and satellite dishes altogether. The proposed legislation would extend the ban on total prohibition by HOAs to Ham antennas as well. This doesn't mean that an HOA would not be able to impose reasonable restrictions as to height, visibility to neighbors, etc., only that an HOA would not be able to totally ban Ham antennas.

It is a solid case in view of the governmental interest in maintaining the efficacy of the Ham system for public safety purposes and the First Amendment rights of Ham radio operators. This type of balancing between public interests and competing interests with respect to free speech and private property rights occurs in nearly every area of the law.

Moreover, the proposed legislation cannot reasonably be construed as a governmental power grab. To the contrary, the proposed legislation empowers Ham operators, who are private citizens, in disputes with pseudo-governmental HOAs.

I have written to my senators and my congressman asking that they support this legislation. I would urge all Hams to do so.

http://www.arrl.org/amateur-radio-p...UOTE] Very helpful background info, thanks R