I 
118TH CONGRESS 
1ST SESSION H. R. 4006 
To amend the Communications Act of 1934 to prohibit the application of 
certain private land use restrictions to amateur station antennas, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 12, 2023 
Mr. JOHNSON of Ohio (for himself and Mr. COURTNEY) introduced the 
following bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Communications Act of 1934 to prohibit the 
application of certain private land use restrictions to 
amateur station antennas, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Amateur Radio Emer-
gency Preparedness Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) More than 770,000 amateur operators in 
the United States are licensed by the Federal Com-
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munications Commission (in this section referred to 
as the ‘‘Commission’’) in the amateur radio services, 
and, by treaty, amateur operators licensed by other 
countries are authorized to operate within the 
United States. 
(2) Amateur radio, in addition to providing life- 
saving emergency communications at no cost to tax-
payers, provides a fertile ground for technical self- 
training in modern telecommunications, electronics 
technology, and emergency communications tech-
niques and protocols. 
(3) There is a strong Federal interest in the ef-
fective performance of amateur stations established 
at the residences of amateur operators. Among other 
reasons, when an emergency arises, it can be too 
late, and too dangerous, to erect an effective an-
tenna. However, amateur stations have been shown 
to be frequently and increasingly precluded by un-
reasonable private land use restrictions, including re-
strictive covenants. 
(4) Commission regulations have for more than 
3 decades prohibited State and local regulation of 
amateur station antenna structures that precludes 
or fails to reasonably accommodate amateur service 
communications, or that does not constitute the min-
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imum practicable regulation to accomplish a legiti-
mate State or local purpose. The policy of the Com-
mission has been and is to require States and local-
ities to permit erection of a station antenna struc-
ture at heights and dimensions sufficient to reason-
ably accommodate amateur service communications. 
The Commission struck an appropriate balance by 
enabling effective use of the amateur service without 
burdening localities and adjoining properties. 
(5) The Commission has sought guidance and 
direction from Congress with respect to the applica-
tion of the Commission’s limited preemption policy 
regarding amateur service communications to private 
land use restrictions, including restrictive covenants. 
(6) In 1996, Congress provided guidance, direc-
tion, and authority to the Commission by directing 
the Commission to promulgate regulations (Public 
Law 104–104, title II, section 207, 110 Stat. 114; 
47 U.S.C. 303 note) that have preempted all private 
land use restrictions applicable to exterior commu-
nications facilities that impair the ability of citizens 
to receive television broadcast signals, direct broad-
cast satellite services, or multichannel multipoint 
distribution services, or to transmit and receive wire-
less internet services. 
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(7) To further the public interest benefits that 
amateur radio brings to society, private land use re-
strictions that prohibit, restrict, or impair amateur 
operators from operating, installing, or maintaining 
effective outdoor amateur station antenna structures 
should also be preempted. 
SEC. 3. APPLICATION OF PRIVATE LAND USE RESTRIC-
TIONS TO AMATEUR STATION ANTENNAS. 
(a) IN GENERAL.—Part I of title III of the Commu-
nications Act of 1934 (47 U.S.C. 301 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 346. APPLICATION OF PRIVATE LAND USE RESTRIC-
TIONS TO AMATEUR STATION ANTENNAS. 
‘‘(a) IN GENERAL.—A private land use restriction 
that prohibits, restricts, or impairs, or has the effect of 
prohibiting, restricting, or impairing, an amateur operator 
from operating, installing, or maintaining any amateur 
station antenna on property subject to the control of the 
amateur operator may not be adopted or enforced, except 
as permitted by subsection (b). 
‘‘(b) PERMISSIBLE RESTRICTIONS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the following private land use restrictions applicable 
to amateur station antennas may be adopted or en-
forced: 
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‘‘(A) A restriction that requires an ama-
teur station antenna to be installed in compli-
ance with the specifications of the manufacturer 
of the antenna, applicable zoning ordinances, 
amateur radio tower ordinances (if any), and 
governmentally adopted building codes. 
‘‘(B) A restriction that requires an ama-
teur station antenna to be maintained in a 
structurally safe condition. 
‘‘(C) A restriction that requires any dete-
riorated or structurally unsafe component of an 
amateur station antenna to be repaired, re-
placed, or removed. 
‘‘(D) A restriction that requires an ama-
teur station antenna to be removed if the prop-
erty on which the antenna is located ceases to 
be subject to the control of an amateur oper-
ator. 
‘‘(E) A restriction that requires an ama-
teur station antenna ground-mounted electrical 
enclosure, ground-mounted control enclosure, or 
guy wire anchor to be visually screened if such 
enclosure or anchor— 
‘‘(i) is visible from the street faced by 
the dwelling; or 
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formation required to be submitted as part of an ap-
plication for any other improvement. 
‘‘(3) DEEMED APPROVAL.—If a community as-
sociation or other person authorized to enforce a pri-
vate land use restriction applicable to an amateur 
station antenna does not approve or deny an appli-
cation of an amateur operator for approval of the in-
stallation of an amateur station antenna by the day 
that is 45 days after the date on which the applica-
tion is submitted, the application shall be deemed to 
be approved on the 45th day. 
‘‘(4) EXISTING APPROVAL.—If a private land 
use restriction requires an amateur operator to sub-
mit an application for approval of an amateur sta-
tion antenna prior to installation, after a community 
association or other person authorized to enforce the 
restriction approves the application, no further ap-
proval of the antenna may be required, unless there 
is a material change in the dimensions or structural 
integrity of the antenna. 
‘‘(d) ANTENNAS THAT DO NOT REQUIRE PRIOR AP-
PROVAL.—A requirement in a private land use restriction 
for an amateur operator to obtain prior approval for the 
installation of an amateur station antenna may not be 
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adopted or enforced with respect to any of the following 
types of amateur station antennas: 
‘‘(1) 1 METER OR LESS IN DIAMETER OR DI-
AGONAL MEASUREMENT.—An antenna for use by an 
amateur operator that is less than 1 meter in diame-
ter or diagonal measurement, or having other meas-
urements prescribed by the Commission. 
‘‘(2) FLAGPOLE ANTENNAS.—A flagpole, capa-
ble of dual use as a flagpole and an amateur station 
antenna, not greater than 43 feet in height above 
ground. 
‘‘(3) WIRE
ANTENNAS.—Minimally obtrusive 
wire antennas, of a length necessary for the fre-
quency of use intended. 
‘‘(4) VERTICAL ANTENNAS.—Vertical antennas, 
not to exceed 43 feet in height above ground, includ-
ing collapsible whip and tilt-over antennas. 
‘‘(e) RULES OF CONSTRUCTION.— 
‘‘(1) CONTROL OF PROPERTY.—For purposes of 
this section, property is subject to the control of an 
amateur operator if the amateur operator is an 
owner, lessee, or legal resident of the property. 
‘‘(2) IMPAIRMENT OF INSTALLATION, MAINTE-
NANCE, OR OPERATION.—For purposes of this sec-
tion, a private land use restriction prohibits, re-
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stricts, or impairs the installation, maintenance, or 
operation of an amateur station antenna if the re-
striction— 
‘‘(A) unreasonably delays or prevents in-
stallation, maintenance, or operation of the an-
tenna; 
‘‘(B) unreasonably increases the costs or 
difficulty of installation, maintenance, or oper-
ation of the antenna; or 
‘‘(C) prevents or degrades reception or 
transmission of a signal acceptable to the ama-
teur operator. 
‘‘(3) LIMITED COMMON AREA.— 
‘‘(A) IN GENERAL.—For purposes of this 
section, if there exists, within the property for 
which a community association is responsible, a 
limited common area to which an amateur oper-
ator has the right to exclude use by others, the 
limited common area shall be treated as prop-
erty under the control of the amateur operator. 
‘‘(B) PERMISSION ACCESS.—For purposes 
of subparagraph (A), access by a community 
association for roof repairs, landscaping, or 
other maintenance activities shall be treated as 
a permission, or authorized access, which does 
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not limit or destroy the control of the amateur 
operator. 
‘‘(f) ENFORCEMENT.— 
‘‘(1) STAY OF ENFORCEMENT.—If an action is 
initiated to seek a declaratory ruling from the Com-
mission or a court of competent jurisdiction regard-
ing whether a private land use restriction complies 
with this section, any community association or 
other person seeking to enforce the restriction shall 
suspend all enforcement efforts with respect to the 
restriction until a ruling in the action has become 
final. 
‘‘(2) PROHIBITION ON ACCRUAL OF PENALTIES 
OR OTHER COSTS.—No penalty or other cost related 
to an amateur station antenna may accrue against 
an amateur operator under a private land use re-
striction while an action described in paragraph (1) 
is pending to determine whether the restriction com-
plies with this section. 
‘‘(3) BURDEN OF PROOF.— 
‘‘(A) REGARDING COMPLIANCE WITH THIS 
SECTION.—In any action before the Commis-
sion or a court of competent jurisdiction involv-
ing the interpretation of any provision of this 
section, the burden of demonstrating that a 
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particular private land use restriction complies 
with this section shall be on the party that 
seeks to impose, maintain, or enforce the re-
striction. 
‘‘(B) REGARDING VIOLATION OF PRIVATE 
LAND USE RESTRICTION.—In any action before 
the Commission or a court of competent juris-
diction to determine whether an amateur sta-
tion antenna violates a private land use restric-
tion, the party alleging the violation bears the 
burden of proof. 
‘‘(g) PRIVATE RIGHT OF ACTION.—A person harmed 
by a violation of this section may bring an action against 
the person alleged to have committed the violation in an 
appropriate district court of the United States without 
first exhausting remedies under State law. 
‘‘(h) AFFIRMATION
OF LIMITED PREEMPTION
OF 
STATE AND LOCAL LAND USE REGULATION.—Nothing in 
this section shall be construed to modify or otherwise limit 
the applicability of section 97.15(b) of title 47, Code of 
Federal Regulations, or any successor regulation. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) AMATEUR OPERATOR.—The term ‘amateur 
operator’— 
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‘‘(A) has the meaning given such term in 
section 97.3 of title 47, Code of Federal Regu-
lations, or any successor regulation; and 
‘‘(B) includes any other person authorized 
to operate an amateur station in the United 
States. 
‘‘(2) AMATEUR STATION.—The term ‘amateur 
station’ has the meaning given such term in section 
97.3 of title 47, Code of Federal Regulations, or any 
successor regulation. 
‘‘(3) 
ANTENNA.—The 
term 
‘antenna’ 
in-
cludes— 
‘‘(A) the transmitting and receiving ele-
ments; 
‘‘(B) any feedline, control enclosures, or 
electrical enclosures necessary for effective 
transmission or reception; and 
‘‘(C) any support structure, guy wire, an-
chor, or tie-off. 
‘‘(4) COMMUNITY
ASSOCIATION.—The term 
‘community association’ means— 
‘‘(A) a condominium association (as de-
fined in section 604 of the Condominium and 
Cooperative Abuse Relief Act of 1980 (15 
U.S.C. 3603)); 
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‘‘(B) a cooperative association (as defined 
in such section); and 
‘‘(C) a residential real estate management 
association (as defined in section 528 of the In-
ternal Revenue Code of 1986). 
‘‘(5) LESSEE.—The term ‘lessee’ means a per-
son who, in exchange for payment— 
‘‘(A) takes temporary possession of resi-
dential real estate through a lease; or 
‘‘(B) takes possession, in whole or in part, 
by lease or purchase, of residential real estate 
subject to a ground lease. 
‘‘(6) PRIVATE LAND USE RESTRICTION.—The 
term ‘private land use restriction’ means— 
‘‘(A) a publicly recorded provision (whether 
such provision is denoted as a covenant, deed 
restriction, declaration, use restriction, covenant 
that runs with the land, or otherwise) that— 
‘‘(i) touches or concerns the real es-
tate to which the provision applies; and 
‘‘(ii) limits or restricts the use of the 
real estate or imposes conditions on the 
use of the real estate; or 
‘‘(B) a rule or regulation of a community 
association, whether publicly recorded or not, 
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that limits or restricts the use of real estate or 
imposes conditions on the use of real estate.’’. 
(b) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Federal Commu-
nications Commission shall promulgate regulations to im-
plement the amendment made by subsection (a). 
Æ 
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