IIB 

115TH CONGRESS 

1ST SESSION H. R. 555 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2017 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Act of 2017’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

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

7 United States are licensed by the Federal Commu8 nications Commission in the amateur radio services. 

9 (2) Amateur radio, at no cost to taxpayers, pro10 vides a fertile ground for technical self-training in 

11 modern telecommunications, electronics technology, 

12 and emergency communications techniques and pro13 tocols. 

14 (3) There is a strong Federal interest in the ef15 fective performance of amateur stations established 

16 at the residences of licensees. Such stations have 

17 been shown to be frequently and increasingly pre18 cluded by unreasonable private land use restrictions, 

19 including restrictive covenants. 

20 (4) Federal Communications Commission regu21 lations have for three decades prohibited the applica22 tion to stations in the amateur service of State and 

23 local regulations that preclude or fail to reasonably 

24 accommodate amateur service communications, or 

25 that do not constitute the minimum practicable reg26 ulation to accomplish a legitimate State or local purVerDate Sep 11 2014 00:38 Jan 25, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H555.RFS H555

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1 pose. Commission policy has been and is to require 

2 States and localities to permit erection of a station 

3 antenna structure at heights and dimensions suffi4 cient to accommodate amateur service communica5 tions. 

6 (5) The Commission has sought guidance and 

7 direction from Congress with respect to the applica8 tion of the Commission’s limited preemption policy 

9 regarding amateur service communications to private 

10 land use restrictions, including restrictive covenants. 

11 (6) There are aesthetic and common property 

12 considerations that are uniquely applicable to private 

13 land use regulations and the community associations 

14 obligated to enforce covenants, conditions, and re15 strictions in deed-restricted communities. These con16 siderations are dissimilar to those applicable to State 

17 law and local ordinances regulating the same resi18 dential amateur radio facilities. 

19 (7) In recognition of these considerations, a 

20 separate Federal policy than exists at section 

21 97.15(b) of title 47, Code of Federal Regulations, is 

22 warranted concerning amateur service communica23 tions in deed-restricted communities. 

24 (8) Community associations should fairly ad25 minister private land use regulations in the interest 


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1 of their communities, while nevertheless permitting 

2 the installation and maintenance of effective outdoor 

3 amateur radio antennas. There exist antenna de4 signs and installations that can be consistent with 

5 the aesthetics and physical characteristics of land 

6 and structures in community associations while ac7 commodating communications in the amateur radio 

8 services. 

9 SEC. 3. APPLICATION OF PRIVATE LAND USE RESTRIC10 TIONS TO AMATEUR STATIONS. 

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

12 120 days after the date of the enactment of this Act, the 

13 Federal Communications Commission shall amend section 

14 97.15 of title 47, Code of Federal Regulations, by adding 

15 a new paragraph that prohibits the application to amateur 

16 stations of any private land use restriction, including a 

17 restrictive covenant, that— 

18 (1) on its face or as applied, precludes commu19 nications in an amateur radio service; 

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

21 radio service to install and maintain an effective out22 door antenna on property under the exclusive use or 

23 control of the licensee; or 

24 (3) does not constitute the minimum practicable 

25 restriction on such communications to accomplish 


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1 the lawful purposes of a community association seek2 ing to enforce such restriction. 

3 (b) ADDITIONAL REQUIREMENTS.—In amending its 

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

5 shall— 

6 (1) require any licensee in an amateur radio 

7 service to notify and obtain prior approval from a 

8 community association concerning installation of an 

9 outdoor antenna; 

10 (2) permit a community association to prohibit 

11 installation of any antenna or antenna support 

12 structure by a licensee in an amateur radio service 

13 on common property not under the exclusive use or 

14 control of the licensee; and 

15 (3) subject to the standards specified in para16 graphs (1) and (2) of subsection (a), permit a com17 munity association to establish reasonable written 

18 rules concerning height, location, size, and aesthetic 

19 impact of, and installation requirements for, outdoor 

20 antennas and support structures for the purpose of 

21 conducting communications in the amateur radio 

22 services. 


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1 SEC. 4. AFFIRMATION OF LIMITED PREEMPTION OF STATE 

2 AND LOCAL LAND USE REGULATION. 

3 The Federal Communications Commission may not 

4 change section 97.15(b) of title 47, Code of Federal Regu5 lations, which shall remain applicable to State and local 

6 land use regulation of amateur service communications. 

7 SEC. 5. DEFINITIONS. 

8 In this Act: 

9 (1) COMMUNITY ASSOCIATION.—The term 

10 ‘‘community association’’ means any non-profit man11 datory membership organization composed of owners 

12 of real estate described in a declaration of covenants 

13 or created pursuant to a covenant or other applica14 ble law with respect to which a person, by virtue of 

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

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

17 taxes, insurance premiums, maintenance, improve18 ment, services, or other expenses related to common 

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

20 than the unit or parcel described in the declaration. 

21 (2) TERMS DEFINED IN REGULATIONS.—The 

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

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


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1 such terms in section 97.3 of title 47, Code of Fed2 eral Regulations. 

Passed the House of Representatives January 23, 

2017. 

Attest: KAREN L. HAAS, 

Clerk. 


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