[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.

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