II 

Calendar No. 700 

114TH CONGRESS 

2D SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2015 

Mr. WICKER (for himself, Mr. BLUMENTHAL, Mr. FRANKEN, Mr. MORAN, and 

Mr. COONS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

DECEMBER 6, 2016 

Reported by Mr. THUNE, without amendment 

A BILL 

To direct the Federal Communications Commission to extend 

to private land use restrictions its rule relating to reasonable accommodation of amateur service communications. 

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 2015’’. 


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•S 1685 RS

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) More than 700,000 radio amateurs in the 

4 United States are licensed by the Federal Commu5 nications Commission in the amateur radio service. 

6 (2) Amateur radio, at no cost to taxpayers, pro7 vides a fertile ground for technical self-training in 

8 modern telecommunications, electronics technology, 

9 and emergency communications techniques and pro10 tocols. 

11 (3) There is a strong Federal interest in the ef12 fective performance of amateur radio stations estab13 lished at the residences of licensees. Such stations 

14 have been shown to be frequently and increasingly 

15 precluded by unreasonable private land use restric16 tions, including restrictive covenants. 

17 (4) Federal Communications Commission regu18 lations have for 3 decades prohibited the application 

19 to amateur radio stations of State and local regula20 tions that preclude or fail to reasonably accommo21 date amateur service communications, or that do not 

22 constitute the minimum practicable regulation to ac23 complish a legitimate State or local purpose. Com24 mission policy has been and is to permit erection of 

25 a station antenna structure at heights and dimenVerDate Sep 11 2014 23:17 Dec 06, 2016 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1685.RS S1685

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•S 1685 RS

1 sions sufficient to accommodate amateur service 

2 communications. 

3 (5) The Federal Communications Commission 

4 has sought guidance and direction from Congress 

5 with respect to the application of the Commission’s 

6 limited preemption policy regarding amateur radio 

7 communications to private land use restrictions, in8 cluding restrictive covenants. 

9 SEC. 3. ACCOMMODATION OF AMATEUR SERVICE COMMU10 NICATIONS. 

11 Not later than 120 days after the date of the enact12 ment of this Act, the Federal Communications Commis13 sion shall amend section 97.15(b) of title 47, Code of Fed14 eral Regulations, so that such section prohibits application 

15 to amateur service communications of any private land use 

16 restriction, including a restrictive covenant, that— 

17 (1) precludes such communications; 

18 (2) fails to reasonably accommodate such com19 munications; or 

20 (3) does not constitute the minimum practicable 

21 restriction on such communications to accomplish 

22 the legitimate purpose of the private entity seeking 

23 to enforce such restriction. 


sradovich on DSK3GMQ082PROD with BILLS
Calendar No. 700 

114TH CONGRESS 

2D SESSION S. 1685 

A BILL 

To direct the Federal Communications Commission 

service communications. relating to reasonable accommodation of amateur to extend to private land use restrictions its rule 

DECEMBER 6, 2016 

Reported without amendment 


sradovich on DSK3GMQ082PROD with BILLS