I 
116TH CONGRESS 
1ST SESSION 
H. R. 466 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 10, 2019 
Mr. KINZINGER (for himself, Mr. COURTNEY, and Mr. WALDEN) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce 
A BILL 
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. 
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 2019’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(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 pro-
tocols. 
(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 pre-
cluded by unreasonable private land use restrictions, 
including restrictive covenants. 
(4) Federal Communications Commission regu-
lations have for three decades prohibited the applica-
tion to stations in the amateur service of State and 
local regulations that preclude or fail to reasonably 
accommodate amateur service communications, or 
that do not constitute the minimum practicable reg-
ulation to accomplish a legitimate State or local pur-
pose. Commission policy has been and is to require 
States and localities to permit erection of a station 
antenna structure at heights and dimensions suffi-
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cient to accommodate amateur service communica-
tions. 
(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) 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 re-
strictions in deed-restricted communities. These con-
siderations are dissimilar to those applicable to State 
law and local ordinances regulating the same resi-
dential amateur radio facilities. 
(7) In recognition of these considerations, a 
separate Federal policy than exists at section 
97.15(b) of title 47, Code of Federal Regulations, is 
warranted concerning amateur service communica-
tions in deed-restricted communities. 
(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 de-
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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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