Rep Steve Israel (left) and ARRL President Jim Haynie, W5JBP, at the congressman's office in Washington.
NEWINGTON, CT, Mar 31, 2003--Another Congressional attempt to provide relief to amateurs prevented from installing outdoor antennas by private deed covenants, conditions and restrictions (CC&Rs) is under way. Rep Steve Israel (D-NY) has again introduced the "Amateur Radio Emergency Communications Consistency Act" into the current session of Congress. The measure, designated HR 1478, would require private land-use regulators such as homeowners' associations to "reasonably accommodate" Amateur Radio antennas consistent with the PRB-1 limited federal preemption. PRB-1 now applies only to states and municipalities.
Rep Steve Israel (left) and ARRL President Jim Haynie, W5JBP, at the congressman's office in Washington. |
In remarks introducing HR 1478 (see sidebar "SPEECH OF THE HON. STEVE ISRAEL"), Israel said passage of his bill not only would assist 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," Israel pointed out. "Hams have formal agreements with federal agencies such as FEMA and private relief organizations like the Red Cross." He said hams provide "a variety of important communications services that protect lives" during emergencies and disasters.
Israel said that the growth of developed communities has put a growing number of hams under an "array of inconsistent regulations" that make it harder and harder--or altogether impossible--to erect the necessary antennas.
Israel noted that hams can and do install "stealth antennas" to get on the air. "Hams can place antennas behind drainpipes or attach flexible antennas along the gutters of their own home." Some homeowners' associations, he said, arbitrarily forbid installation of any antennas, and leave hams without recourse or appeal.
"Not allowing hams the equipment they need
could restrict communication to the local community in similar situations in
the future." Israel said his bill "seeks to ensure the continued viability of
Amateur Radio through consistent application of federal regulations."
 Rep Israel last summer visited the Great South Bay Amateur Radio Club's W2GSB club station, located in the Babylon, New York, emergency operations center. |
The one-sentence measure is identical to the text of the CC&R bill that was introduced in the last Congress: "For purposes of the Federal Communications Commission's regulation relating to station antenna structures in the Amateur Radio Service (47 CFR 97.15), any private land use rules applicable to such structures shall be treated as a state or local regulation and shall be subject to the same requirements and limitations as a state or local regulation."
HR 1478 has bipartisan support. Leading the list of 13 initial cosponsors for the measure are Reps Greg Walden, WB7OCE, (R-OR) and Mike Ross, WD5DVR, (D-AR). Walden and Ross are believed to be the only Amateur Radio licensees in Congress. Joining them are representatives Tammy Baldwin (D-WI), Roscoe Bartlett (R-MD), Marion Berry (D-AR), Rick Boucher (D-VA), Jo Ann Davis (R-VA), Ralph Hall (D-TX), Carolyn McCarthy (D-NY), Michael McNulty (D-NY), Dennis Moore (D-KS), Charles Taylor (R-NC) and Patrick Tiberi (R-OH).
ARRL President Jim Haynie, W5JBP, said he was happy to see the bill back before Congress. "Of course I am very pleased that Rep Israel has reintroduced the bill," Haynie said. "The League can do the mechanics, but it is now up to our members to write their elected representative and urge support and ask that they cosponsor and support the bill." Haynie noted that the League has recently ramped up its efforts to educate members of Congress about Amateur Radio, but he said lawmakers respond best to individual members.
HR 1478 has been assigned to the House Energy and Commerce Committee. Information about the bill and a sample letter to use when contacting your representative are available on the ARRL Web site.
| SPEECH
OF THE 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 them down. Amateur Radio operators, who work with local disaster communication groups, are finding it more difficult to erect antennas. Sometimes homeowners' 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 homeowners' 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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