[Congressional Record Volume 162, Number 137 (Monday, September 12, 2016)]
[House]
[Pages H5302-H5304]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMATEUR RADIO PARITY ACT OF 2016
Mr. BURGESS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1301) to direct the Federal Communications Commission to
extend to private land use restrictions its rule relating to reasonable
accommodation of amateur service communications, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1301
Be it enacted by the Senate and House of Representatives 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
2016''.
SEC. 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.
SEC. 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.
[[Page H5303]]
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 Regulations,
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 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Burgess) and the gentleman from New York (Mr. Tonko) each
will control 20 minutes.
The Chair recognizes the gentleman from Texas.
{time} 1800
General Leave
Mr. BURGESS. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
insert extraneous material into the Record on the bill H.R. 1301.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. BURGESS. Mr. Speaker, I yield such time as he may consume to the
gentleman from Illinois (Mr. Kinzinger).
Mr. KINZINGER of Illinois. Mr. Speaker, I want to thank the chairman
for yielding. I also want to thank Chairman Walden and Ranking Member
Eshoo for working with me to get this legislation to a point where all
interested parties are able to support its passage today.
Additionally, I would like to thank the representatives from the ARRL
and CAI for meeting with our offices time and again to come to an
agreement that helps us move forward on this legislation in a
bipartisan and very positive manner.
Under current law, there is an outright prohibition on the use of any
antennae for amateur radio use in certain areas with no consideration
for the emergency ramifications that come as a result. For some, this
is merely a nuisance; but for others, those who use their amateur radio
license for lifesaving emergency communications, a dangerous situation
can be created by limiting their ability to establish effective
communication for those in need.
During times of emergency service, such as following a hurricane or
tornado, amateur radio operators are able to use their skills and
equipment to create a network of communications for first responders
when other wired or wireless technologies are down--a vital and
lifesaving function.
Additionally, there are some hams that take their certifications even
further by purchasing expensive equipment and going through extensive
training to become part of MARS, the Military Auxiliary Radio System.
The purpose of MARS is to help our military patch through their
communications to one another domestically and abroad, and I have
personally used this system as a pilot in the military.
What is so impressive about this group is what it takes to be part of
this system. MARS members must have access to expensive, high-frequency
radio equipment; it must file monthly reports; and they participate in
a minimum of 12 hours of radio activity each quarter, all on their own
dime and all on their own time.
This legislation that is brought before us today would change current
regulations hampering the ability of amateur radio operators to
effectively communicate in certain areas while respecting and
maintaining the rights of local communities in those areas where hams
reside.
Mr. Speaker, I appreciate the willingness of all the interested
groups in coming to the table with myself, with Chairman Walden, and
Ranking Member Eshoo, in order to come to an amicable agreement on how
to move this legislation forward. I urge support of this bill.
Mr. TONKO. Mr. Speaker, I yield myself such time as I may consume. I
rise in support of H.R. 1301, the Amateur Radio Parity Act.
Mr. Speaker, I commend both cosponsors here, Mr. Kinzinger of
Illinois and Mr. Courtney of Connecticut, who have placed common sense
into this legislative format that will drive fairness, I believe, into
the equation for amateur radio operators.
Operators provide essential services in times of emergencies, and
they should not be prohibited from building their facilities. They
provide a very useful role in our given neighborhoods and communities.
H.R. 1301 will provide for new rules that will help these operators
navigate homeowner association restrictions when they are attempting to
build their given stations.
The bill, Mr. Speaker, strikes the right balance to ensure that
homeowner associations can impose reasonable regulations for amateur
radio towers, but it would also make sure that amateur radio
enthusiasts can continue to operate.
I do congratulate Chairman Walden and Ranking Member Eshoo for their
work to come up with an agreement that everyone can support based on
the efforts of the cosponsors of the legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. BURGESS. Mr. Speaker, I reserve the balance of my time.
Mr. TONKO. Mr. Speaker, I yield such time as he may consume to the
gentleman from Connecticut (Mr. Courtney), my good friend.
Mr. COURTNEY. Mr. Speaker, I want to, again, thank my friend, Mr.
Tonko, and salute his great work on the Energy and Commerce Committee,
as well as Mr. Burgess and Mr. Kinzinger. For the last two Congresses
we have worked together to get this legislation to the place we are at
this evening. Again, it really recognizes the passionate work and
highly skilled work that over 700,000 ham radio operators conduct every
day in this country.
A couple of years ago in Hartford, Connecticut, they had the
Centennial Convention of the American Radio Relay League, which brought
together thousands of ham operators from all over the country to share
their skills and to look at the latest innovation and technology, which
Mr. Kinzinger referred to and, again, talked about the networks that
they collaborate on in terms of early weather warnings as well as
assisting the American military.
Last Congress, we had 69 bipartisan cosponsors. This year, it grew to
126, and, again, that is because of the external grassroots pressure
which these groups brought forward. Again, they have no sort of skin in
the game in terms of any personal benefit. As the Congressman from
Illinois said, they are all basically volunteers. But I think it is
important to realize this is not just a feel-good bill. This is about
really strengthening our systems of emergency services and first
responders that are out there.
In the State of Connecticut in 2014 we got a pretty good taste of
this when Hurricane Sandy hit. It basically struck the power grid down
for about 10 days or so. In the wake of that, we saw all the advanced
communication that we take for granted--whether it is cable
communication or cellular communication--completely sort of fall by the
wayside. So the only way that first responders could communicate, the
folks who were delivering emergency medical care to the State during
that time period was, in fact, going back in time and relying on the
ham radio operators to make sure that these groups were in real-time
communication.
So what this bill seeks to do is to rebalance what has happened out
there in terms of land use restrictions that have inhibited the ability
of these really hardworking volunteers--American patriots I would
argue--to really perform this critical duty.
The vast majority of homes that have been built since the 1980s in
this country have contained some type of deed restrictions that have
inhibited that capability. As a result of this legislation, it will
sort of rebalance legitimate property rights of private property owners
to make sure that non-intrusive antennas and technology will
[[Page H5304]]
be able to allow this network to continue to thrive and to do the great
work that it does to support local disaster response all across the
country.
I had a conversation recently with the chairman of the FCC, Tom
Wheeler, who, again, as an organization going back to the 1970s, has
recognized the value of amateur radio in terms of bolstering America's
communication system providing kind of a redundancy system, a backup
system, in case, again, the advanced stuff that we take for granted now
is struck down by external events. He strongly supports this
legislation.
Again, I want to salute the great bipartisan work that was done on
the Energy and Commerce Committee to bring this bill after 3 long years
to the floor here, and I strongly urge all the Members to support its
passage.
Mr. TONKO. Mr. Speaker, as I indicated, the cosponsors of this
legislation have struck a very sound balance between the interests of
the homeowner associations and amateur radio operators. It is done in a
spirit of bipartisanship. So for those reasons, I strongly suggest we
support the measure.
Mr. Speaker, I yield back the balance of my time.
Mr. BURGESS. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I urge my colleagues to support this legislation.
I yield back the balance of my time.
Mr. CARTER of Georgia. Mr. Speaker, I rise today in support of H.R.
1301, the Amateur Radio Parity Act, and its positive effects on amateur
radio operators and our communities.
Amateur radio operators not only participate due to interests in the
hobby, but also because they serve an important role in the
communications and coordination of communities and emergency services.
Under existing regulations, amateur radio operators can be subjected
to regulations that other industries are not subject to, effectively
singling them out. This bill doesn't display favoritism, it simply
created an equal playing field for an industry that is little known,
but contributes immensely to the well-being of our communities.
The Amateur Radio Parity Act would ensure that amateur operators are
able to continue their hobby within the confines of the law, including
in deed-restricted communities.
Across the United States, there are more than 720,000 amateur radio
operators licensed by the FCC whose services to their communities cost
nothing to the taxpayers.
They are instrumental in helping to coordinate during natural
disasters and have provided services to organizations including the
American Red Cross, the Salvation Army, FEMA and the Department of
Defense.
As the Representative for coastal Georgia, I know all too well the
effects of a natural disaster on an area and the benefits to having in
place every protection possible to help combat the challenges that
arise in those difficult times.
I applaud my good friend Mr. Kinzinger for his work on this issue and
the work of the Energy and Commerce Committee to address these reforms
and I urge passage of this important legislation.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Burgess) that the House suspend the rules and
pass the bill, H.R. 1301, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended 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.''.
A motion to reconsider was laid on the table.
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