Amateur Radio Parity Act of 2016

Bill: 114-hr-1301
Sponsor: full_name: Rep. Kinzinger, Adam [R-IL-16]
Introduced: 2015-03-04
Policy area: Science, Technology, Communications
Subjects: Administrative law and regulatory procedures

Broadcasting, cable, digital technologies

Federal Communications Commission (FCC)

Federal preemption

Land use and conservation

State and local government operations

Telephone and wireless communication
Latest action: action_date: 2016-09-13
text: Received in the Senate.

Summaries:
action_date: 2015-03-04
action_desc: Introduced in House
text: <p><strong>Amateur Radio Parity Act of 2015</strong></p> <p>Directs the Federal Communications Commission to amend regulations concerning the height and dimensions of station antenna structures to prohibit a private land use restriction from applying to amateur service communications if the restriction precludes such communications, fails to accommodate such communications, or does not constitute the minimum practicable restriction to accomplish the legitimate purpose of the private entity seeking to enforce the restriction.</p>

action_date: 2016-09-09
action_desc: Reported to House with amendment(s)
text: <p><b>Amateur Radio Parity Act of 2016</b></p> <p><strong></strong></p> <p>(Sec. 3) This bill directs the Federal Communications Commission (FCC) to amend station antenna structure regulations to prohibit a private land use restriction from applying to amateur radio stations if the restriction:</p> <ul> <li> precludes communications in an amateur radio service, </li> <li>fails to permit a licensee of amateur radio service to install and maintain an effective outdoor antenna on property under its exclusive use or control, or </li> <li>is not the minimum practicable restriction to accomplish the lawful purposes of a community association seeking to enforce the restriction.</li> </ul> <p>Before installing an outdoor antenna, however, an amateur radio licensee must obtain a community association's prior approval. A community association may: (1) prohibit installations on common property not under the exclusive control of the licensee, and (2) establish installation rules for amateur radio antennas and support structures.</p>

action_date: 2016-09-12
action_desc: Passed House amended
text: <p>(This measure has not been amended since it was reported to the House on September 9, 2016. The summary of that version is repeated here.)</p> <p><b>Amateur Radio Parity Act of 2016</b></p> <p><strong></strong></p> <p>(Sec. 3) This bill directs the Federal Communications Commission (FCC) to amend station antenna structure regulations to prohibit a private land use restriction from applying to amateur radio stations if the restriction:</p> <ul> <li>precludes communications in an amateur radio service, </li> <li>fails to permit a licensee of amateur radio service to install and maintain an effective outdoor antenna on property under its exclusive use or control, or </li> <li>is not the minimum practicable restriction to accomplish the lawful purposes of a community association seeking to enforce the restriction. </li></ul> <p>Before installing an outdoor antenna, however, an amateur radio licensee must obtain a community association's prior approval. A community association may: (1) prohibit installations on common property not under the exclusive control of the licensee, and (2) establish installation rules for amateur radio antennas and support structures.</p>

tv_txt: I 114th CONGRESS 1st Session H. R. 1301 IN THE HOUSE OF REPRESENTATIVES March 4, 2015 Mr. Kinzinger of Illinois (for himself, Mr. Courtney , Mr. Frelinghuysen , Mr. Israel , Mr. Griffith , Mr. King of New York , Mr. Tonko , Mr. Womack , Mrs. Napolitano , Mr. Fortenberry , Mr. Walberg , Ms. Jenkins of Kansas , and Mr. Price of North Carolina ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Federal Communications Commission to extend to private land use restrictions its rule relating to reasonable accommodation of amateur service communications.

1. Short title This Act may be cited as the Amateur Radio Parity Act of 2015 . 2. Findings Congress finds the following: (1) More than 700,000 radio amateurs in the United States are licensed by the Federal Communications Commission in the amateur radio service. (2) Amateur radio, at no cost to taxpayers, provides a fertile ground for technical self-training in modern telecommunications, electronics technology, and emergency communications techniques and protocols. (3) There is a strong Federal interest in the effective performance of amateur radio 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 regulations have for three decades prohibited the application to amateur radio stations of State and local regulations that preclude or fail to reasonably accommodate amateur service communications, or that do not constitute the minimum practicable regulation to accomplish a legitimate State or local purpose. Commission policy has been and is to permit erection of a station antenna structure at heights and dimensions sufficient to accommodate amateur service communications. (5) The Federal Communications Commission has sought guidance and direction from Congress with respect to the application of the Commission’s limited preemption policy regarding amateur radio communications to private land use restrictions, including restrictive covenants. 3. Accommodation of amateur service communications Not later than 120 days after the date of the enactment of this Act, the Federal Communications Commission shall amend section 97.15(b) of title 47, Code of Federal Regulations, so that such section prohibits application to amateur service communications of any private land use restriction, including a restrictive covenant, that— (1) precludes such communications; (2) fails to reasonably accommodate such communications; or (3) does not constitute the minimum practicable restriction on such communications to accomplish the legitimate purpose of the private entity seeking to enforce such restriction.

tv_txt: IB 114th CONGRESS 2d Session H. R. 1301 IN THE HOUSE OF REPRESENTATIVES 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. Short title This Act may be cited as the Amateur Radio Parity Act of 2016 . 2. Findings Congress finds the following: (1) More than 730,000 radio amateurs in the United States are licensed by the Federal Communications Commission in the amateur radio services. (2) Amateur radio, at no cost to taxpayers, provides a fertile ground for technical self-training in modern telecommunications, electronics technology, and emergency communications techniques and protocols. (3) There is a strong Federal interest in the effective 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 regulations have for three decades prohibited the application 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 regulation to accomplish a legitimate State or local purpose. Commission policy has been and is to require States and localities to permit erection of a station antenna structure at heights and dimensions sufficient to accommodate amateur service communications. (5) The Commission has sought guidance and direction from Congress with respect to the application 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 restrictions in deed-restricted communities. These considerations 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 separate 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. (8) Community associations should fairly administer 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 aesthetics and physical characteristics of land and structures in community associations while accommodating communications in the amateur radio services. 3. Application of private land use restrictions 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 communications in an amateur radio service; (2) fails to permit a licensee in an amateur radio service to install and maintain an effective outdoor 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 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 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 paragraphs (1) and (2) of subsection (a), permit a community 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. 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 Regulations, which shall remain applicable to State and local land use regulation of amateur service communications. 5. Definitions In this Act: (1) Community association The term community association means any non-profit mandatory 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, insurance premiums, maintenance, improvement, 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 Federal Regulations.

Passed the House of Representatives September 12, 2016. Karen L. Haas, Clerk.

tv_txt: II 114th CONGRESS 2d Session H. R. 1301 IN THE SENATE OF THE UNITED STATES September 13, 2016 Received 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. Short title This Act may be cited as the Amateur Radio Parity Act of 2016 . 2. Findings Congress finds the following: (1) More than 730,000 radio amateurs in the United States are licensed by the Federal Communications Commission in the amateur radio services. (2) Amateur radio, at no cost to taxpayers, provides a fertile ground for technical self-training in modern telecommunications, electronics technology, and emergency communications techniques and protocols. (3) There is a strong Federal interest in the effective 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 regulations have for three decades prohibited the application 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 regulation to accomplish a legitimate State or local purpose. Commission policy has been and is to require States and localities to permit erection of a station antenna structure at heights and dimensions sufficient to accommodate amateur service communications. (5) The Commission has sought guidance and direction from Congress with respect to the application 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 restrictions in deed-restricted communities. These considerations 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 separate 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. (8) Community associations should fairly administer 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 aesthetics and physical characteristics of land and structures in community associations while accommodating communications in the amateur radio services. 3. Application of private land use restrictions 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 communications in an amateur radio service; (2) fails to permit a licensee in an amateur radio service to install and maintain an effective outdoor 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 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 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 paragraphs (1) and (2) of subsection (a), permit a community 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. 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 Regulations, which shall remain applicable to State and local land use regulation of amateur service communications. 5. Definitions In this Act: (1) Community association The term community association means any non-profit mandatory 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, insurance premiums, maintenance, improvement, 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 Federal Regulations.

Passed the House of Representatives September 12, 2016. Karen L. Haas, Clerk.

tv_txt: IB Union Calendar No. 568 114th CONGRESS 2d Session H. R. 1301 [Report No. 114–732] IN THE HOUSE OF REPRESENTATIVES March 4, 2015 Mr. Kinzinger of Illinois (for himself, Mr. Courtney , Mr. Frelinghuysen , Mr. Israel , Mr. Griffith , Mr. King of New York , Mr. Tonko , Mr. Womack , Mrs. Napolitano , Mr. Fortenberry , Mr. Walberg , Ms. Jenkins of Kansas , and Mr. Price of North Carolina ) introduced the following bill; which was referred to the Committee on Energy and Commerce September 9, 2016 Additional sponsors: Mr. Welch , Mr. Heck of Nevada , Mr. Collins of New York , Mr. DeFazio , Mr. Graves of Missouri , Mr. Lance , Mr. Lipinski , Mrs. Kirkpatrick , Mr. Harper , Mr. Luetkemeyer , Mrs. Walorski , Mr. Benishek , Mr. Engel , Mr. Joyce , Mr. Pierluisi , Ms. Granger , Mr. Smith of New Jersey , Mr. Calvert , Mr. Barletta , Mr. Amodei , Mr. Hanna , Mr. Cramer , Mr. Gibson , Mr. Rooney of Florida , Mr. Goodlatte , Mr. Westerman , Mr. Huffman , Mr. Sessions , Mr. Johnson of Ohio , Mr. Sean Patrick Maloney of New York , Ms. Meng , Mr. Carter of Georgia , Mr. Rogers of Alabama , Ms. Pingree , Mr. Guthrie , Mr. Webster of Florida , Mr. Himes , Mr. Williams , Mr. Perlmutter , Mr. Olson , Mr. Shimkus , Mr. Wenstrup , Mr. Denham , Mr. Hinojosa , Mr. Weber of Texas , Mr. Katko , Mr. Miller of Florida , Mr. Jones , Mr. Rokita , Mr. Cárdenas , Mr. Grothman , Mr. Reed , Mr. Bishop of Michigan , Mr. Flores , Mr. McHenry , Ms. Kuster , Mr. Carney , Mrs. Blackburn , Mr. Salmon , Mr. Young of Alaska , Mr. Bishop of Georgia , Mr. Smith of Texas , Mr. Royce , Mr. Yoder , Ms. Hahn , Mr. Rouzer , Mr. Huizenga of Michigan , Mr. Hunter , Mr. Newhouse , Ms. Brown of Florida , Mr. Kline , Miss Rice of New York , Mr. Peterson , Mr. Coffman , Ms. Slaughter , Mr. McGovern , Mr. Murphy of Pennsylvania , Mr. Ted Lieu of California , Mr. Dold , Mr. Marchant , Ms. Esty , Ms. Ros-Lehtinen , Mr. Rodney Davis of Illinois , Ms. Bordallo , Mrs. Noem , Mr. Larson of Connecticut , Mr. Bucshon , Mr. Chabot , Mr. Bost , Mr. LoBiondo , Ms. Jackson Lee , Ms. Clark of Massachusetts , Mr. MacArthur , Mr. Clawson of Florida , Mr. Kelly of Pennsylvania , Mrs. Mimi Walters of California , Mrs. Ellmers of North Carolina , Ms. Eddie Bernice Johnson of Texas , Mr. Kind , Mr. Gene Green of Texas , Mr. Sam Johnson of Texas , Ms. Moore , Mr. Walden , Mr. Vela , Mr. Brady of Pennsylvania , Ms. Kaptur , Mr. Pearce , Mr. O'Rourke , Mr. Jenkins of West Virginia , Mr. Knight , Mr. Boustany , Mr. Meehan , Mr. Guinta , and Mr. Duffy Deleted sponsor: Mr. Zinke (added April 21, 2015; deleted December 11, 2015) September 9, 2016 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on March 4, 2015 A BILL To direct the Federal Communications Commission to extend to private land use restrictions its rule relating to reasonable accommodation of amateur service communications.

1. Short title This Act may be cited as the Amateur Radio Parity Act of 2016 . 2. Findings Congress finds the following: (1) More than 730,000 radio amateurs in the United States are licensed by the Federal Communications Commission in the amateur radio services. (2) Amateur radio, at no cost to taxpayers, provides a fertile ground for technical self-training in modern telecommunications, electronics technology, and emergency communications techniques and protocols. (3) There is a strong Federal interest in the effective 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 regulations have for three decades prohibited the application 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 regulation to accomplish a legitimate State or local purpose. Commission policy has been and is to require States and localities to permit erection of a station antenna structure at heights and dimensions sufficient to accommodate amateur service communications. (5) The Commission has sought guidance and direction from Congress with respect to the application 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 restrictions in deed-restricted communities. These considerations 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 separate 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. (8) Community associations should fairly administer 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 aesthetics and physical characteristics of land and structures in community associations while accommodating communications in the amateur radio services. 3. Application of private land use restrictions 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 communications in an amateur radio service; (2) fails to permit a licensee in an amateur radio service to install and maintain an effective outdoor 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 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 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 paragraphs (1) and (2) of subsection (a), permit a community 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. 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 Regulations, which shall remain applicable to State and local land use regulation of amateur service communications. 5. Definitions In this Act: (1) Community association The term community association means any non-profit mandatory 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, insurance premiums, maintenance, improvement, 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 Federal Regulations.

Amend the title so as to read: 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. .

September 9, 2016 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed