[Congressional Record Volume 148, Number 61 (Tuesday, May 14, 2002)]
[Extensions of Remarks]
[Page E801]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCING THE ``AMATEUR RADIO EMERGENCY COMMUNICATIONS CONSISTENCY 
                                 ACT''

                                 ______
                                 

                           HON. STEVE ISRAEL

                              of new york

                    in the house of representatives

                         Tuesday, May 14, 2002

  Mr. ISRAEL. Mr. Speaker, I rise today to introduce the ``Amateur 
Radio Emergency Communications Consistency Act,'' a bill that seeks to 
ensure the continued viability of a volunteer public safety resource 
which has been instrumental in providing our nation emergency 
communications services during times of disaster and crisis. I am 
pleased that the gentleman from Oregon, Representative Walden, and the 
gentleman from Texas, Representative Sessions are co-sponsors of this 
bipartisan legislation. Radio amateurs, more commonly known as ``ham'' 
operators, provide emergency communications when regular channels are 
disrupted or disabled. These federally licensed volunteers operate at 
their own expense in aiding government and private relief agencies. 
State and local governments, as well as disaster relief agencies, could 
not possibly afford to replace the services that radio amateurs 
dependably provide for free. For the hundreds of thousands of amateur 
radio licensees, there is a growing challenge to their ability to 
provide these public services.
  Developed communities, such as retirement communities and planned 
unit subdivisions, are an increasingly popular housing option 
throughout the country that provide a wide range of convenient housing 
choices. Unfortunately, the governance of these communities has led to 
inconsistent and at times burdensome regulations on amateur radio 
operators, making it extremely difficult for these operators to 
continue providing their valuable services. The legislation I am 
introducing today will simply ensure consistent application of these 
regulations.
  The Amateur Radio Emergency Communications Consistency Act is based 
upon a 1985 ruling by the Federal Communications Commission, which 
stated that homeowners, seeking to install some form of antenna on 
their own property, must work with state and local land use officials 
to determine the most appropriate size antenna. Good faith negotiations 
ensure that amateur radio operator's technical needs are met, while 
preserving the aesthetics and interests of a neighborhood.
  Under current law, the FCC does not apply this policy consistently. 
Its policy applies to States and localities, but fails to address 
situations affecting private land use groups. My bill addresses this 
issue, and provides amateur radio licensees with the ability to 
negotiate reasonable accommodation provisions with homeowners' 
associations, just as they do now with public land-use regulators.
  Amateur radio operators provide an invaluable service to our nation, 
ensuring communication services during emergencies. We must support the 
efforts of the 650,000 federally licensed amateurs around the country 
in earnest. The Amateur Radio Emergency Communications Consistency Act 
will help to protect the vital function of Amateur Radio as an 
emergency communications and public safety resource, and I urge my 
colleagues to join with me in supporting this legislation.

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