II 

115TH CONGRESS 

1ST SESSION S. 1534 

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. 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2017 

Mr. WICKER (for himself and Mr. BLUMENTHAL) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Amateur Radio Parity 

5 Act of 2017’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

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1 (1) More than 730,000 radio amateurs in the 

2 United States are licensed by the Federal Commu3 nications Commission in the amateur radio services. 

4 (2) Amateur radio, at no cost to taxpayers, pro5 vides a fertile ground for technical self-training in 

6 modern telecommunications, electronics technology, 

7 and emergency communications techniques and pro8 tocols. 

9 (3) There is a strong Federal interest in the ef10 fective performance of amateur stations established 

11 at the residences of licensees. Such stations have 

12 been shown to be frequently and increasingly pre13 cluded by unreasonable private land use restrictions, 

14 including restrictive covenants. 

15 (4) Federal Communications Commission regu16 lations have for three decades prohibited the applica17 tion to stations in the amateur service of State and 

18 local regulations that preclude or fail to reasonably 

19 accommodate amateur service communications, or 

20 that do not constitute the minimum practicable reg21 ulation to accomplish a legitimate State or local pur22 pose. Commission policy has been and is to require 

23 States and localities to permit erection of a station 

24 antenna structure at heights and dimensions suffimstockstill on DSK30JT082PROD with BILLS

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1 cient to accommodate amateur service communica2 tions. 

3 (5) The Commission has sought guidance and 

4 direction from Congress with respect to the applica5 tion of the Commission’s limited preemption policy 

6 regarding amateur service communications to private 

7 land use restrictions, including restrictive covenants. 

8 (6) There are aesthetic and common property 

9 considerations that are uniquely applicable to private 

10 land use regulations and the community associations 

11 obligated to enforce covenants, conditions, and re12 strictions in deed-restricted communities. These con13 siderations are dissimilar to those applicable to State 

14 law and local ordinances regulating the same resi15 dential amateur radio facilities. 

16 (7) In recognition of these considerations, a 

17 separate Federal policy than exists at section 

18 97.15(b) of title 47, Code of Federal Regulations, is 

19 warranted concerning amateur service communica20 tions in deed-restricted communities. 

21 (8) Community associations should fairly ad22 minister private land use regulations in the interest 

23 of their communities, while nevertheless permitting 

24 the installation and maintenance of effective outdoor 

25 amateur radio antennas. There exist antenna demstockstill on DSK30JT082PROD with BILLS

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1 signs and installations that can be consistent with 

2 the aesthetics and physical characteristics of land 

3 and structures in community associations while ac4 commodating communications in the amateur radio 

5 services. 

6 SEC. 3. APPLICATION OF PRIVATE LAND USE RESTRIC7 TIONS TO AMATEUR STATIONS. 

8 (a) AMENDMENT OF FCC RULES.—Not later than 

9 120 days after the date of the enactment of this Act, the 

10 Federal Communications Commission shall amend section 

11 97.15 of title 47, Code of Federal Regulations, by adding 

12 a new paragraph that prohibits the application to amateur 

13 stations of any private land use restriction, including a 

14 restrictive covenant, that— 

15 (1) on its face or as applied, precludes commu16 nications in an amateur radio service; 

17 (2) fails to permit a licensee in an amateur 

18 radio service to install and maintain an effective out19 door antenna on property under the exclusive use or 

20 control of the licensee; or 

21 (3) does not constitute the minimum practicable 

22 restriction on such communications to accomplish 

23 the lawful purposes of a community association seek24 ing to enforce such restriction. 

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1 (b) ADDITIONAL REQUIREMENTS.—In amending its 

2 rules as required by subsection (a), the Commission 

3 shall— 

4 (1) require any licensee in an amateur radio 

5 service to notify and obtain prior approval from a 

6 community association concerning installation of an 

7 outdoor antenna; 

8 (2) permit a community association to prohibit 

9 installation of any antenna or antenna support 

10 structure by a licensee in an amateur radio service 

11 on common property not under the exclusive use or 

12 control of the licensee; and 

13 (3) subject to the standards specified in para14 graphs (1) and (2) of subsection (a), permit a com15 munity association to establish reasonable written 

16 rules concerning height, location, size, and aesthetic 

17 impact of, and installation requirements for, outdoor 

18 antennas and support structures for the purpose of 

19 conducting communications in the amateur radio 

20 services. 

21 SEC. 4. AFFIRMATION OF LIMITED PREEMPTION OF STATE 

22 AND LOCAL LAND USE REGULATION. 

23 The Federal Communications Commission may not 

24 change section 97.15(b) of title 47, Code of Federal Regumstockstill on DSK30JT082PROD with BILLS

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1 lations, which shall remain applicable to State and local 

2 land use regulation of amateur service communications. 

3 SEC. 5. DEFINITIONS. 

4 In this Act: 

5 (1) COMMUNITY ASSOCIATION.—The term 

6 ‘‘community association’’ means any nonprofit man7 datory membership organization composed of owners 

8 of real estate described in a declaration of covenants 

9 or created pursuant to a covenant or other applica10 ble law with respect to which a person, by virtue of 

11 the person’s ownership of or interest in a unit or 

12 parcel, is obligated to pay for a share of real estate 

13 taxes, insurance premiums, maintenance, improve14 ment, services, or other expenses related to common 

15 elements, other units, or any other real estate other 

16 than the unit or parcel described in the declaration. 

17 (2) TERMS DEFINED IN REGULATIONS.—The 

18 terms ‘‘amateur radio services’’, ‘‘amateur service’’, 

19 and ‘‘amateur station’’ have the meanings given 

20 such terms in section 97.3 of title 47, Code of Fed21 eral Regulations. 

Æ 

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