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 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 Commu-
nications Commission in the amateur radio services. 
(2) Amateur radio, at no cost to taxpayers, pro-
vides a fertile ground for technical self-training in 
modern telecommunications, electronics technology, 
and emergency communications techniques and proto-
cols. 
(3) There is a strong Federal interest in the ef-
fective 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 regula-
tions have for three decades prohibited the application 
to stations in the amateur service of State and local 
regulations that preclude or fail to reasonably accom-
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modate amateur service communications, or that do 
not constitute the minimum practicable regulation to 
accomplish a legitimate State or local purpose. Com-
mission policy has been and is to require States and 
localities to permit erection of a station antenna 
structure at heights and dimensions sufficient to ac-
commodate amateur service communications. 
(5) The Commission has sought guidance and di-
rection from Congress with respect to the application 
of the Commission’s limited preemption policy re-
garding 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 restric-
tions in deed-restricted communities. These consider-
ations 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 sepa-
rate 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. 
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(8) Community associations should fairly ad-
minister 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 aes-
thetics and physical characteristics of land and struc-
tures in community associations while accommo-
dating communications in the amateur radio services. 
SEC. 3. APPLICATION OF PRIVATE LAND USE RESTRIC-
TIONS 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 sta-
tions of any private land use restriction, including a re-
strictive covenant, that— 
(1) on its face or as applied, precludes commu-
nications in an amateur radio service; 
(2) fails to permit a licensee in an amateur 
radio service to install and maintain an effective out-
door antenna on property under the exclusive use or 
control of the licensee; or 
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(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 struc-
ture by a licensee in an amateur radio service on 
common property not under the exclusive use or con-
trol of the licensee; and 
(3) subject to the standards specified in para-
graphs (1) and (2) of subsection (a), permit a com-
munity 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 Regula-
tions, 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 ‘‘com-
munity association’’ means any non-profit manda-
tory 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, in-
surance premiums, maintenance, improvement, serv-
ices, 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 Reg-
ulations. 
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