signs and installations that can be consistent with 
the aesthetics and physical characteristics of land 
and structures in community associations while ac-
commodating 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 
stations of any private land use restriction, including a 
restrictive 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 
(3) does not constitute the minimum practicable 
restriction on such communications to accomplish 
the lawful purposes of a community association seek-
ing to enforce such restriction. 
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(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 
structure by a licensee in an amateur radio service 
on common property not under the exclusive use or 
control 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. 
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 Regu-
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lations, 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 
‘‘community association’’ means any non-profit man-
datory membership organization composed of owners 
of real estate described in a declaration of covenants 
or created pursuant to a covenant or other applica-
ble 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, insurance premiums, maintenance, improve-
ment, services, 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 Fed-
eral Regulations. 
Æ 
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