[Senate Report 114-400]
[From the U.S. Government Publishing Office]
Calendar No. 700
114th Congress } { Report
SENATE
2d Session } { 114-400
_______________________________________________________________________
AMATEUR RADIO PARITY ACT OF 2015
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1685
together with
ADDITIONAL VIEWS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 9, 2016.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
69-010 WASHINGTON : 2016
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas ED MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel
Calendar No. 700
114th Congress } { Report
SENATE
2d Session } { 114-400
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AMATEUR RADIO PARITY ACT OF 2015
_______
December 9, 2016.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 1685]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1685) to direct the Federal
Communications Commission to extend to private land use
restrictions its rule relating to reasonable accommodation of
amateur service communications, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
Purpose of the Bill
The purpose of S. 1685 is to direct the Federal
Communications Commission (FCC) to extend to private land use
restrictions its rule relating to reasonable accommodation of
amateur radio service communications. This would build on the
FCC's previous actions to balance promoting amateur radio
operations with the legitimate interests of local governments
in local zoning matters. As with existing restrictions on local
regulations, private land use restrictions would be required to
reasonably accommodate amateur radio communications and
constitute no more than the minimum practicable regulation to
accomplish the legitimate purpose of such restrictions.
Background and Needs
More than 700,000 amateur radio operators are currently
licensed in the United States. Amateur radio service is a
voluntary, noncommercial communications service used by persons
of any age who are interested in radio technique solely with a
personal aim and without financial interest. Individuals must
obtain a license from the FCC and abide by FCC rules in order
to operate an amateur radio station. Amateur radio
communications take place across 27 spectrum frequency bands on
a shared use basis.
There is a strong and long-time Federal interest in
promoting amateur radio communications, as evidenced by the
comprehensive rules and regulations adopted by the FCC for
amateur radio service. These rules, found in part 97 of title
47 of the Code of Federal Regulations, establish procedures for
station licensing, operator licensing, radio frequency
allocations, technical standards required of amateur radio
equipment, and practices required of amateur operators. The
amateur radio service provides a reservoir of trained
operators, technicians, and electronic experts who can be
called on in times of national or local emergencies.
In 1985, the FCC found that local zoning ordinances often
unreasonably restricted amateur radio antennas in residential
areas and thereby interfered with the strong Federal interest
in supporting effective amateur radio communications. The
policy implemented to protect both amateur radio service and
legitimate local zoning purposes, known as ``PRB-1,''
established a three-part test for such regulations: (1) they
must not preclude amateur service communications; (2) they must
reasonably accommodate such communications, (3) and they must
constitute the minimum practicable regulation to accomplish the
State or local authority's legitimate purpose.
The FCC has not extended this policy to private land use
regulations in covenants, conditions, and restrictions (CC&Rs),
noting that deed restrictions, covenants, and homeowner
association regulations were private agreements that did not
normally concern the FCC. The FCC has explained, however,
``should Congress see fit to enact a statutory directive
mandating the expansion of our reasonable accommodation policy,
the Commission would expeditiously act to fulfill its
obligation thereunder.''\1\ It is estimated that CC&Rs today
now cover more than 25 million housing units - nearly five
times as many as when PRB-1 was adopted.
---------------------------------------------------------------------------
\1\Federal Communications Commission Order on Reconsideration, RM
8763, November 13, 2000, at http://wireless.fcc.gov/services/
index.htm?job=prb-1*id=amateur*page=3.
---------------------------------------------------------------------------
Congress has previously directed the FCC to prohibit land
use restrictions that impair installation of certain types of
antenna by a private individual. In particular, section 207 of
the Telecommunications Act of 1996 (47 U.S.C. 303 note)
directed the FCC to promulgate regulations to prohibit
restrictions on over-the-air television antennas and direct
broadcast satellite dishes. The regulations adopted by the FCC
included preemption of private restrictions.
Summary of Provisions
S. 1685, the Amateur Radio Parity Act of 2015, would direct
the FCC to extend to private land use restrictions its rule
relating to reasonable accommodation of amateur service
communications.
Legislative History
S. 1685 was introduced by Senators Wicker and Blumenthal on
June 25, 2015. Senators Franken, Moran, and Coons are
cosponsors. On November 18, 2015, the Committee met in open
Executive Session, and, by a voice vote, ordered S. 1685 to be
reported favorably without amendment.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1685--Amateur Radio Parity Act of 2015
S. 1685 would direct the Federal Communication Commission
(FCC) to amend regulations related to the height and dimensions
of certain antenna structures. Under the bill, the regulations
would be amended to prohibit private land-use restrictions from
applying to antennas used for amateur radio communications if
the restrictions prevent or impede those communications.
Based on information from the FCC, CBO estimates that
implementing S. 1685 would cost less than $500,000. Further,
the agency is authorized to collect fees sufficient to offset
its regulatory costs each year; therefore, CBO estimates that
the net discretionary cost would be negligible, assuming
appropriation actions consistent with that authority.
Enacting S. 1685 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting S. 1685 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year period beginning in 2027.
S. 1685 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would not affect
the budgets of state, local, or tribal governments.
The bill contains a private-sector mandate as defined in
UMRA because it would prohibit the application of private land-
use restrictions that are inconsistent with the requirements in
the bill. The mandate would apply to private entities such as
homeowners associations by limiting their ability to apply
land-use restrictions on amateur radio communications.
Homeowner association rules, mobile home park agreements, condo
association bylaws, and deed covenants could be affected by the
bill's prohibition.
The cost of the mandate would be any costs associated with
revising private land-use policies if necessary to comply with
the bill. Such costs would probably be small. Therefore, CBO
estimates that the aggregate cost of the mandate would fall
below the annual threshold established in UMRA for private-
sector mandates ($154 million in 2016, adjusted annually for
inflation).
The CBO staff contacts for this estimate are Kim Cawley
(for federal costs) and Logan Smith (for private-sector
mandates). The estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
The bill would apply to entities that establish, enforce,
or are otherwise subject to private land use restrictions,
including restrictive covenants, that relate to amateur service
communications.
economic impact
S. 1685 would not have an adverse impact on the Nation's
economy.
privacy
The bill would not have any adverse impact on the personal
privacy of individuals.
paperwork
S. 1685 would not significantly increase paperwork
requirements for individuals and businesses.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would designate the short title of this bill
as the ``Amateur Radio Parity Act of 2015.''
Section 2. Findings.
This section would find that there is a strong Federal
interest in the effective performance of amateur radio stations
by the more than 700,000 radio amateurs licensed by the FCC to
operate in the United States. The section also would find that
the FCC has sought guidance and direction from Congress with
respect to the application of the FCC's limited preemption
policy regarding amateur radio communications to private land
use restrictions, including restrictive covenants.
Section 3. Accommodation of amateur service communications.
This section would direct the FCC to amend its rules to
prohibit a private land use restriction from applying to
amateur service communications if the restriction precludes
such communications, fails to reasonably accommodate such
communications, or does not constitute the minimum practicable
restriction to accomplish the legitimate purpose of the private
entity seeking to enforce the restriction.
Additional Views of Senator Nelson
While I appreciate the goals of S. 1685, I write to express
my concerns about the approach taken by the legislation. I
agree with my colleagues that amateur radio operators provide a
key communications service in the nation. In fact, even the
National Hurricane Center has acknowledged that amateur radio
operators play an important role in collecting and
disseminating information in emergency situations. Given this
role that they play, I believe it is important for homeowner's
and community associations to try to work cooperatively with
the amateur radio community to find ways to further the
continued availability of these services.
That said, I have serious concerns about S. 1685. It is one
thing to try to find a way to balance the interests of
homeowner's associations and amateur radio operators. It is
another to preempt the ability of those homeowner's
associations to enforce privately-negotiated covenants and
restrictions that have been entered into freely by the persons
who voluntarily chose to live in those communities. In one fell
swoop, this bill would effectively repeal parts of millions of
private contracts and agreements relied upon by homeowners
around the country.
I know that the bill's sponsors believe that their
legislation continues to preserve a measure of authority for
homeowners' and other community associations to protect their
interests. And I respect the fact that this legislation takes a
far different and more limited approach compared to the Over-
the-Air Reception Device installation rules. But by requiring
``reasonable accommodations'' and the ``minimum practicable
restriction,'' this bill would tie homeowner's and community
associations' hands and leave them open to potentially endless
litigation. And there is a fear that the broadly worded
language of the bill - that it applies to ``any private land
use restriction'' - could be read to preempt a landlord's
ability to place limits on a renter.
It may be that another approach to this issue could gain my
full support. But I will look very skeptically on any proposal
that would limit the ability of homeowner's and community
associations to prohibit the installation of amateur radio
equipment in the communities governed by those associations.
That includes an approach that would require those associations
to allow amateur radio operators to install effective antennas,
as some have suggested. What is an effective antenna to one
operator is very different to another - and a boundless legal
standard like that again threatens these associations with
endless litigation.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.
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