U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

2016

114–400 

Calendar No. 700 

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 

DECEMBER 9, 2016.—Ordered to be printed 


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(II) 

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 


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Calendar No. 700 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–400 

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 amaVerDate Sep 11 2014 06:07 Dec 12, 2016 Jkt 069010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR400.XXX SR400

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1Federal 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. 

teur 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. 

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. 


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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 onbudget 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: 


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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 HurriVerDate Sep 11 2014 06:07 Dec 12, 2016 Jkt 069010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR400.XXX SR400

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cane 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. 

Æ 


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