[Congressional Record Volume 149, Number 50 (Thursday, March 27, 2003)]
[Extensions of Remarks]
[Pages E599-E600]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCING THE AMATEUR RADIO EMERGENCY COMMUNICATIONS CONSISTENCY ACT

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                           HON. STEVE ISRAEL

                              of new york

                    in the house of representatives

                        Thursday, March 27, 2003

  Mr. ISRAEL. Mr. Speaker, I rise today to introduce an important piece 
of legislation that will assist not only amateur radio operators, but 
society as a whole.
  Organized amateur radio operators, or ``hams,'' regularly provide 
emergency communication when regular communications channels are 
disrupted by disaster. Hams have formal agreements with federal 
agencies such as FEMA and private relief organizations like the Red 
Cross. Hams are federally licensed volunteers and provide a variety of 
important communications services that protect lives while using their 
own equipment without compensation.
  With the growth of developed communities, amateur radio operators 
have begun to fall under an array of inconsistent regulations, making 
it increasingly difficult for them to operate. Burdensome regulations 
are imposed on amateur radio operators making it difficult, and in some 
cases impossible, for them to erect antenna vital to their 
communications capabilities. We should remember that many of these 
antennas are stealth in nature. Hams can place antennas behind 
drainpipes or attach flexible antennas along the gutters of their own 
home. In some cases, when the homeowners associations have found these 
antennas, the Hams were forced to take it down.

[[Page E600]]

  Amateur Radio operators, who work with local disaster communication 
groups, are finding it more difficult to erect antennas. Sometimes 
homeowner associations arbitrarily forbid installation of any kind of 
antenna. It is especially important to keep in mind that most 
homeowners associations are not elected, and most Hams have no recourse 
or appeal process to pursue.
  This is particularly troubling given the role that Hams have played 
in communications during emergency and catastrophic situations in the 
past. Not allowing Hams the equipment they need could restrict 
communication to the local community in similar situations in the 
future.
  To remedy this situation, we have introduced legislation, the Amateur 
Radio Emergency Communications Consistency Act, which seeks to ensure 
the continued viability of amateur radio through consistent application 
of federal regulations.
  The Amateur Radio Emergency Communications Consistency Act is based 
upon a 1985 Federal Communications Commission (FCC) regulation that 
required state and local authorities to ``reasonably accommodate'' 
amateur radio antennas. This ruling failed, however, to address 
situations affecting private land developments.
  The Amateur Radio Emergency Communications Consistency Act will 
include homeowner associations and other land use regulators in the 
regulation. This bill would grant the FCC the authority to consistently 
apply the 1985 ruling to all homeowners, regardless of whether they are 
petitioning state or local authorities, or public land-use regulators 
or homeowners' associations. This simply means that these organization 
will be required to work with homeowners to achieve a ``reasonable 
accommodation'' when homeowners seek to install an antenna on their own 
property.
  The FCC recognizes the invaluable service amateur radio operators 
provide to our nation. Congress also recognizes the contribution that 
Hams make. These good faith negotiations will help ensure that amateur 
radio operators' technical needs and the public service they provide 
are met while preserving the general welfare of the community.

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