59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–732 

AMATEUR RADIO PARITY ACT OF 2016 

SEPTEMBER 9, 2016.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. UPTON, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

[To accompany H.R. 1301] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 1301) 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, report favorably thereon with amendments and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 3 

Background and Need for Legislation .................................................................... 3 

Hearings ................................................................................................................... 4 

Committee Consideration ........................................................................................ 4 

Committee Votes ...................................................................................................... 5 

Committee Oversight Findings ............................................................................... 5 

Statement of General Performance Goals and Objectives .................................... 5 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 5 

Earmark, Limited Tax Benefits, and Limited Tariff Benefits ............................. 5 

Committee Cost Estimate ....................................................................................... 5 

Congressional Budget Office Estimate ................................................................... 5 

Federal Mandates Statement ................................................................................. 7 

Duplication of Federal Programs ............................................................................ 7 

Disclosure of Directed Rule Makings ..................................................................... 7 

Advisory Committee Statement .............................................................................. 7 

Applicability to Legislative Branch ........................................................................ 7 

Section-by-Section Analysis of the Legislation ...................................................... 7 

Changes in Existing Law Made by the Bill, as Reported ..................................... 8 

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 


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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. 


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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. 

Amend the title so as to read: 

A bill 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. 

PURPOSE AND SUMMARY

H.R. 1301 minimizes the restrictions placed on amateur radio operators residing in communities governed by community associations. Covenants imposed by community associations may include 

strict restrictions on antennae and support structures on residences, preventing amateur radio licensees residing in private communities from operating at all. Current rules prohibit state and 

local regulations from precluding amateur service communications; 

however, these rules do not apply to community associations and 

private land use regulations. The legislation would help to allow 

amateur radio licensees to operate and clarify the extent to which 

community associations may impose rules. 

H.R. 1301 directs the Federal Communications Commission 

(FCC) to adopt rules to protect the rights of amateur radio operators to use amateur radio equipment with minimal restriction. In 

general, communications equipment is recognized under current 

law as having a societal benefit in providing access to information. 

Land use restrictions imposed by governments or homeowners’ associations on other pieces of communications equipment are currently prohibited by FCC regulation. The legislation directs the 

FCC to adopt regulations for the use of amateur radio equipment, 

ensuring that restrictions are minimally restrictive and tailored to 

achieve a legitimate end. In addition, the legislation requires any 

amateur operator to obtain prior approval for equipment installation from the community association and allows community associations to prohibit equipment installation on commonly owned 

property within the community. 

BACKGROUND AND NEED FOR LEGISLATION

There are currently more than 730,000 amateur radio operators 

licensed in the United States. To be eligible to operate an amateur 

radio station, individuals must obtain a license from the FCC and 

comply with FCC rules. The FCC has six classes of licensed operaVerDate Sep 11 2014 01:06 Sep 13, 2016 Jkt 059006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR732.XXX HR732

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tors, each of which is determined by the licensee’s level of skill and 

knowledge displayed during the licensing exam. In addition to obtaining a license, the licensee must own and install the necessary 

equipment to be able to operate a radio. This includes a radio 

transceiver, antenna system, and transmission lines. There are 27 

spectrum bands allocated for shared use among amateur radio operators. 

Besides serving as an educational or social hobby, amateur radio 

stations have also been utilized to provide critical assistance during 

times of emergencies. If a natural disaster knocks out traditional 

communications or internet access, amateur radio operators in several instances have provided assistance by relaying critical information to the local community and public safety agencies. There 

are currently 40,000 licensed amateur radio operators that serve as 

members of the Amateur Radio Emergency Service. 

Amateur radio licensees residing in homeowner community associations face challenges installing the necessary outdoor radio 

equipment attached to their homes. Community association-imposed covenants require residents to follow specific guidelines for 

what can and cannot be done to the resident’s home. Covenants 

typically place restrictions on physical characteristics of the home, 

including restrictions on physical antenna equipment used to utilize amateur radio communications. 

Current law recognizes the societal benefits provided by amateur 

radio stations. Physical structures of stations are required to be 

reasonably accommodated by state and local government. However, 

this does not apply to community associations or privately owned 

land. Land use restrictions imposed by governments or homeowners’ associations on other pieces of communications equipment, 

such as antenna used to receive satellite services or video programming, are currently prohibited by FCC regulations. These rules do 

not extend to antennae used for operating amateur radio. 

H.R. 1301, the Amateur Radio Parity Act of 2016, would remedy 

ongoing differences between community association covenant restrictions and the installation of outdoor amateur radio equipment. 

The legislation ensures community association rules for amateur 

radio equipment are minimal and provides licensees the ability to 

install reasonably sized equipment and operate stations. 

HEARINGS

The Subcommittee on Communications and Technology held a 

hearing on H.R. 1301 on January 12, 2016. The Subcommittee received testimony from: • Elizabeth Bowles, President and Chair of the Board, Aristotle, Inc., on behalf of Wireless Internet Service Providers Association; 

• Harold Feld, Senior Vice President, Public Knowledge; and 

• Robert McDowell, Partner, Wiley Rein LLP, Senior Fellow, 

Hudson Institute, former Commissioner of the Federal Communications Commission. 

COMMITTEE CONSIDERATION

On February 10, 2016, the Subcommittee on Communications 

and Technology met in open markup session and forwarded H.R. 

1301 to the full Committee, without amendment, by a voice vote. 


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On July 13, 2016, the full Committee on Energy and Commerce 

met in open markup session and ordered H.R. 1301 reported to the 

House, as amended, by a voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. There were no 

record votes taken in connection with ordering H.R. 1301 reported. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee held a hearing and made findings that are reflected in this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

The goal of the legislation is to allow amateur radio station operators residing in community associations to install equipment that 

is consistent with minimal restrictions of the community associations. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 1301 

would result in no new or increased budget authority, entitlement 

authority, or tax expenditures or revenues. 

EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

In compliance with clause 9(e), 9(f), and 9(g) of rule XXI of the 

Rules of the House of Representatives, the Committee finds that 

H.R. 1301 contains no earmarks, limited tax benefits, or limited 

tariff benefits. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate provided by 

the Congressional Budget Office pursuant to section 402 of the 

Congressional Budget Act of 1974: 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, August 3, 2016. 

Hon. FRED UPTON, 

Chairman, Committee on Energy and Commerce, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1301, the Amateur Radio 

Parity Act of 2016. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Stephen Rabent. 

Sincerely, 

MARK P. HADLEY

(For Keith Hall). 

Enclosure. 

H.R. 1301—Amateur Radio Parity Act of 2016 

H.R. 1301 would direct the Federal Communications 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. The bill also would 

require any licensee in an amateur radio service to obtain prior approval from a community association before installing an outdoor 

antenna. In addition, H.R. 1301 would allow community associations to prohibit the installation of antenna or support structures 

on common property and would permit community associations to 

establish rules concerning the nature of the installation. 

Based on information from the FCC, CBO estimates that implementing H.R. 1301 would cost less than $500,000 to update agency 

rules. Moreover, 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 H.R. 1301 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. CBO estimates 

that enacting H.R. 1301 would not increase net direct spending or 

on-budget deficits in any of the four consecutive 10-year periods beginning in 2027. 

H.R. 1301 contains no intergovernmental mandates as defined in 

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 limit 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 bill also 

would impose a private-sector mandate on amateur radio licensees 

by requiring them to obtain prior approval from their community 

association before installing an outdoor antenna. The cost of the 


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mandates would be any costs associated with revising private landuse policies if necessary to comply with the bill, and the cost of notifying community associations of the intent to install an outdoor 

antenna. Based on an analysis of information about the existing 

practices of community associations, such costs would probably be 

small. Therefore, CBO estimates that the aggregate cost of the 

mandates would fall well below the annual threshold established in 

UMRA for private-sector mandates ($154 million in 2016, adjusted 

annually for inflation). 

On February 9, 2016, CBO transmitted a cost estimate for S. 

1685, the Amateur Radio Parity Act of 2015, as ordered reported 

by the Senate Committee on Commerce, Science, and Transportation on November 18, 2015. The two pieces of legislation are 

similar and CBO’s estimates of the budgetary effects are the same. 

The CBO staff contacts for this estimate are Stephen Rabent (for 

federal costs) and Logan Smith (for private-sector mandates). The 

estimate was approved by Theresa Gullo, Assistant Director for 

Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

DUPLICATION OF FEDERAL PROGRAMS

No provision of H.R. 1301 establishes or reauthorizes a program 

of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that enacting H.R. 1301 specifically directs to be completed 1 rule making within the meaning of 5 U.S.C. 

551. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

This section provides the short title of Amateur Radio Parity Act 

of 2016. 


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Section 2. Findings 

This section identifies benefits that over 730,000 licensed amateur radio stations in the United States provide to societies. The 

findings acknowledge the unique challenges for amateur radio licenses complying with private land use regulations and community 

associations, but recognize that there are antenna designs and installations consistent with community association land and structure requirements. 

Section 3. Application of private land use restrictions to amateur 

stations 

Section 3 establishes that private land use restrictions may not 

prevent amateur radio communications, but require licensees to obtain approval from a community association prior to equipment installation. The section allows a community association to prohibit 

amateur radio installation equipment on common property not 

under exclusive ownership of the licensee. Community associations 

may establish reasonable rules concerning aesthetics and installation requirements for outdoor equipment. 

Section 4. Affirmation of limited preemption of state and local land 

use regulation 

Section 4 Affirms current preemption of state and local land use 

regulations in regards to precluding amateur service communications. 

Section 5. Definitions 

Section 5 contains definitions for a community association, and 

other terms defined in current regulations. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

This legislation does not amend any existing Federal statute. 

Æ 


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