[Congressional Record Volume 163, Number 12 (Monday, January 23, 2017)]
[House]
[Pages H581-H583]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMATEUR RADIO PARITY ACT OF 2017
Mr. LANCE. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 555) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 555
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
2017''.
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
[[Page H582]]
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.
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 New
Jersey (Mr. Lance) and the gentleman from Pennsylvania (Michael F.
Doyle) each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. LANCE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous materials in the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. LANCE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, amateur radio, also known as ham radio, is a fun hobby
for enthusiasts who use it to communicate with people around the world
while teaching themselves the basics of communications technology. But
more importantly, amateur radio operators utilize their skills to
provide essential communication services to first responders when the
conventional networks go down in times of emergency.
In order to be eligible to operate an amateur radio station,
individuals must obtain a license from the FCC and comply with the
FCC's rules. One such requirement is that individuals must own and
install the equipment needed to operate a station. This includes a
transceiver, transmission lines, and an antenna. Currently, there are
more than 730,000 amateur radio operators licensed in the United
States, including a number of active clubs in New Jersey, the State I
represent in the House.
Because communications equipment provides a societal benefit and is a
critical part of our Nation's infrastructure, the FCC prohibits land
use restrictions imposed by governments or homeowners' associations on
certain communications equipment. However, these protections do not
extend to amateur radio equipment.
Roughly 90 percent of new housing in the United States is subject to
deed restrictions, homeowners' associations, and other land use
limitations. This is increasingly making the installation of amateur
radio equipment more challenging.
Amateur radio operators have a history and tradition of being ready,
willing, and able to lend their services during times of emergencies at
no cost to taxpayers. Due to the nature and structure of amateur radio,
hams are able to link communications between first responders using
their own networks and equipment.
The only necessity for amateur radio stations, however, is some form
of outdoor antenna. For this group of unsung heroes with a long
tradition of public service when it is needed most, Congress should
help deter barriers to their operation. H.R. 555 would extend the FCC
protections over limitations on communications equipment to include
amateur radio equipment.
Now, while I have described the critical role that amateur radio
plays during times of disaster, I also understand the concerns shared
by homeowners' associations that this bill will expose their
neighborhoods to big towers and antennas. This bill recognizes that
there needs to be a balance between the right of homeowners and their
associations with the rights of amateur radio operators. That is why
Mr. Kinzinger's bill passed without objection twice last Congress and
enjoys the support of both the amateur radio community and the
Community Associations Institute. I congratulate our distinguished
colleague from Illinois on working with both sides on this critical
issue.
Mr. Speaker, there was much discussion and hard work that went into
this bill in order to strike the right balance between the rights of
the amateur radio community and the concerns of homeowners'
associations. Both sides were willing to compromise, and we are
considering a good bill today because of that compromise. I hope all of
our colleagues will support this bipartisan piece of legislation that I
believe is critical to the safety of the American Nation.
Mr. Speaker, I reserve the balance of my time.
Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, I yield myself
such time as I may consume.
Mr. Speaker, I rise in support of H.R. 555, the Amateur Radio Parity
Act. This is a bill that passed the House last Congress by voice vote
after careful negotiations in the Subcommittee on Communications and
Technology.
Amateur radio operators provide essential services in times of
emergencies, and they shouldn't be prohibited from building their
facilities. H.R. 555 will provide for new rules that will help these
operators navigate homeowner association restrictions when they are
attempting to build their stations.
The bill 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.
Again, this measure passed the House by voice vote last Congress, and
I encourage Members to support it today.
Mr. Speaker, I reserve the balance of my time.
Mr. LANCE. Mr. Speaker, I yield 5 minutes to the gentleman from
Illinois (Mr. Kinzinger), who is the sponsor of the bill.
Mr. KINZINGER. Mr. Speaker, I thank the gentleman from New Jersey for
yielding. I also want to thank Chairman Walden and Congressman Courtney
for working with me to introduce this legislation and bring it to the
floor for debate today.
Additionally, I appreciate the willingness of the associations
impacted by this legislation, both the CAI and the ARRL, for working
with our offices last Congress in order to come to an agreement on
where this legislation needs to be in order to move forward in a
bipartisan and a positive manner.
The legislation before us today is the same legislative text as H.R.
1301, which was able to gather over 100 bipartisan cosponsors and
passed the House by voice vote in the 114th Congress.
The intent of this legislation is to remedy current law which
prohibits the use of any antenna for amateur radio operators in certain
areas with no consideration for the emergency ramifications that come
about as a result. For some, this is merely a nuisance, but for
others--those who use
[[Page H583]]
their amateur radio licenses for emergency communications--a dangerous
situation has been established by limiting the ability of hams to
create effective communications for those in need.
For example, during times of emergency service, such as following a
hurricane or a tornado, amateur radio operators are able to use their
skills and equipment to create a network of communications that are
utilized by first responders when other wired or wireless networks are
taken down or are otherwise unavailable. This is a vital and lifesaving
function.
Additionally, there are numerous 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. I have personally used this system as a pilot in the military.
What is amazing about MARS is that it gives our military members the
ability to communicate both domestically and abroad when other systems
are not available or are simply not able to establish communications
the way that these hams are able to do.
MARS members are able to accomplish this not only due to their
extensive training and knowledge, but due to their commitment to this
program. MARS members must not only have access to expensive high-
frequency radio equipment, but they must also file monthly reports and
participate in a minimum of 12 hours of radio activity each quarter in
order to stay in compliance with the requirements of this program. This
is a great service provided by these individuals, and it is my hope
that we can get even more amateur radio operators involved in the
future with the passage of this bill.
Again, the purpose of this bipartisan legislation is to 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 which many of these hams
reside. It is my hope that by passing this bipartisan legislation early
in this session of Congress, that we will be able to get this
legislation through the Senate and to the President's desk in short
order.
Mr. Speaker, I urge support of this bill, and I thank all my friends
who helped work with me on this.
Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, I yield such time
as he may consume to the gentleman from Connecticut (Mr. Courtney), in
spite of the fact that the gentleman is a New England Patriots fan who
showed no mercy to my Pittsburgh Steelers last night, to show there are
no hard feelings.
Mr. COURTNEY. Mr. Speaker, I want to thank Mr. Doyle for his generous
yielding of time and the great work he does representing the great city
of Pittsburgh, which has had many Super Bowl rings in the past and will
again in the future no doubt.
Mr. Speaker, again, I rise in support of this measure. As Mr.
Kinzinger indicated, this is the third try that we have pushed this
bill on a bipartisan basis, and hopefully the third time will be the
charm. It was introduced only 10 days ago, and the fact that, again, we
are moving so quickly hopefully is going to send an encouraging signal
that the Senate can really move forward and finish this very, I think,
important and useful piece of legislation.
There are about 737,000 ham radio operators that have been licensed
by the Federal Communications Commission across the country. As has
been said, they provide a great backup for emergency services around
the country. Again, in Connecticut, where we did get hit with
Hurricanes Sandy and Irene in back-to-back years, the harm that was
done to the wireless communications system as well as just the regular
radio system really put the spotlight on the fact that ham radio
operators were critical in terms of keeping police, fire, and small
communities and State services in up-to-date, realtime communication
regarding both weather conditions as well as public safety conditions.
So the work that they perform is not just kind of a hobby; it really
has great value to the country.
What I think this bill tries to address is that, in 1985, the FCC
issued an order and ruling basically describing ham radio as critical
to the Nation's information and communication infrastructure, and that
reasonable accommodation should be made in terms of public entities
like zoning boards and land use bodies. It did not extend, however, to
private land use restrictions.
Since the 1980s, there probably hasn't been a deed signed in the
country that hasn't had land use restrictions, and this bill really
tries to, I think, adjust to that reality with the compromise language
that has been put forward so that condominium associations and, again,
neighborhood developments have to reasonably make sure that this
network is going to be able to function.
The good news is that the technology has moved forward so well that
the antenna intrusion really is not what it used to be, that the
equipment that they have is quite remarkable to see how strong their
signals are and the reception is with, again, just really almost tiny
antenna technology.
So, again, this legislation I think really updates the FCC's
promotion of ham radio. Communities that are going to end up depending
on it because of natural disaster and other emergency situations I
think will benefit strongly. So again, I congratulate all the members
of the Energy and Commerce Committee. I thank Mr. Doyle again for
generously yielding his time to me.
Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, I have no further
speakers.
I yield back the balance of my time.
Mr. LANCE. Mr. Speaker, I yield 2 minutes to the gentleman from
Washington (Mr. Newhouse).
Mr. NEWHOUSE. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise to add my voice of strong support for the Amateur
Radio Parity Act of 2017. This important measure will affirm individual
freedom and property rights and ensure every ham radio operator has the
opportunity to enjoy their pastime regardless of the community in which
they live.
H.R. 555 guarantees that all amateur radio operators living in deed-
restricted communities have the right to construct and operate an
effective outdoor antenna without burdensome restrictions being imposed
by their respective homeowners' association.
Under the bill, HOAs would be required to allow ham radio use with
the least practicable restrictions to preserve their aesthetic
interests.
{time} 1700
Across central Washington, many of my constituents are avid ham radio
operators. I believe we should be encouraging this advocation, which
also serves as a useful tool for emergency communications and
preparedness.
I was proud to cosponsor this legislation in the 114th Congress, and
I commend the work of Chairman Kinzinger, Chairman Walden, and Mr.
Lance to bring this bill forward again.
I look forward to supporting this bill on the House floor later
today, and remain hopeful that, in this new Congress, we can advance
the Amateur Radio Parity Act to the President's desk, where it can be
signed into law.
Mr. LANCE. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Lance) that the House suspend the rules
and pass the bill, H.R. 555.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________