[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.

                          ____________________