[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1301 Received in Senate (RDS)]
<DOC>
114th CONGRESS
2d Session
H. R. 1301
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 13, 2016
Received
_______________________________________________________________________
AN ACT
To direct the Federal Communications Commission to amend its rules so
as to prohibit the application to amateur stations of certain private
land use restrictions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Amateur Radio Parity Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than 730,000 radio amateurs in the United States
are licensed by the Federal Communications Commission in the
amateur radio services.
(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.
(3) There is a strong Federal interest in the effective
performance of amateur 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.
(4) Federal Communications Commission regulations have for
three decades prohibited the application to stations in the
amateur service 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 require States and localities to
permit erection of a station antenna structure at heights and
dimensions sufficient to accommodate amateur service
communications.
(5) The Commission has sought guidance and direction from
Congress with respect to the application of the Commission's
limited preemption policy regarding amateur service
communications to private land use restrictions, including
restrictive covenants.
(6) There are aesthetic and common property considerations
that are uniquely applicable to private land use regulations
and the community associations obligated to enforce covenants,
conditions, and restrictions in deed-restricted communities.
These considerations are dissimilar to those applicable to
State law and local ordinances regulating the same residential
amateur radio facilities.
(7) In recognition of these considerations, a separate
Federal policy than exists at section 97.15(b) of title 47,
Code of Federal Regulations, is warranted concerning amateur
service communications in deed-restricted communities.
(8) Community associations should fairly administer private
land use regulations in the interest of their communities,
while nevertheless permitting the installation and maintenance
of effective outdoor amateur radio antennas. There exist
antenna designs and installations that can be consistent with
the aesthetics and physical characteristics of land and
structures in community associations while accommodating
communications in the amateur radio services.
SEC. 3. APPLICATION OF PRIVATE LAND USE RESTRICTIONS TO AMATEUR
STATIONS.
(a) Amendment of FCC Rules.--Not later than 120 days after the date
of the enactment of this Act, the Federal Communications Commission
shall amend section 97.15 of title 47, Code of Federal Regulations, by
adding a new paragraph that prohibits the application to amateur
stations of any private land use restriction, including a restrictive
covenant, that--
(1) on its face or as applied, precludes communications in
an amateur radio service;
(2) fails to permit a licensee in an amateur radio service
to install and maintain an effective outdoor antenna on
property under the exclusive use or control of the licensee; or
(3) does not constitute the minimum practicable restriction
on such communications to accomplish the lawful purposes of a
community association seeking to enforce such restriction.
(b) Additional Requirements.--In amending its rules as required by
subsection (a), the Commission shall--
(1) require any licensee in an amateur radio service to
notify and obtain prior approval from a community association
concerning installation of an outdoor antenna;
(2) permit a community association to prohibit installation
of any antenna or antenna support structure by a licensee in an
amateur radio service on common property not under the
exclusive use or control of the licensee; and
(3) subject to the standards specified in paragraphs (1)
and (2) of subsection (a), permit a community association to
establish reasonable written rules concerning height, location,
size, and aesthetic impact of, and installation requirements
for, outdoor antennas and support structures for the purpose of
conducting communications in the amateur radio services.
SEC. 4. AFFIRMATION OF LIMITED PREEMPTION OF STATE AND LOCAL LAND USE
REGULATION.
The Federal Communications Commission may not change section
97.15(b) of title 47, Code of Federal Regulations, which shall remain
applicable to State and local land use regulation of amateur service
communications.
SEC. 5. DEFINITIONS.
In this Act:
(1) Community association.--The term ``community
association'' means any non-profit mandatory membership
organization composed of owners of real estate described in a
declaration of covenants or created pursuant to a covenant or
other applicable law with respect to which a person, by virtue
of the person's ownership of or interest in a unit or parcel,
is obligated to pay for a share of real estate taxes, insurance
premiums, maintenance, improvement, services, or other expenses
related to common elements, other units, or any other real
estate other than the unit or parcel described in the
declaration.
(2) Terms defined in regulations.--The terms ``amateur
radio services'', ``amateur service'', and ``amateur station''
have the meanings given such terms in section 97.3 of title 47,
Code of Federal Regulations.
Passed the House of Representatives September 12, 2016.
Attest:
KAREN L. HAAS,
Clerk.