> Subject: ARLB015 House Bill Would Require FCC to Extend PRB-1 Coverage to 
> Restrictive Covenants
> From: [email protected]
> To: [email protected]
> Date: Sat, 28 Jun 2014 10:36:58 -0400
> 
> SB QST @ ARL $ARLB015
> ARLB015 House Bill Would Require FCC to Extend PRB-1 Coverage to
> Restrictive Covenants
> 
> ZCZC AG15
> QST de W1AW  
> ARRL Bulletin 15  ARLB015
> From ARRL Headquarters  
> Newington CT  June 28, 2014
> To all radio amateurs 
> 
> SB QST ARL ARLB015
> ARLB015 House Bill Would Require FCC to Extend PRB-1 Coverage to
> Restrictive Covenants
> 
> A bill with bipartisan support has been introduced in the US House
> of Representatives that calls on the FCC to apply the "reasonable
> accommodation" three-part test of the PRB-1 federal pre-emption
> policy to private land-use restrictions. HR.4969, the "Amateur Radio
> Parity Act of 2014" was introduced on June 25 at the request of the
> ARRL, which worked with House staffers to draft the proposed
> legislation. The bill's sponsor is Rep Adam Kinzinger (R-IL). It has
> initial co-sponsorship from Rep Joe Courtney (D-CT). If the measure
> passes the 113th Congress, it would require the FCC, within 120 days
> of the Bill's passage, to amend the Part 97 Amateur Service rules to
> apply PRB-1 coverage to include homeowners' association regulations
> and deed restrictions, often referred to as "covenants, conditions,
> and restrictions" (CC&Rs). Presently, PRB-1 only applies to state
> and local zoning laws and ordinances.
> 
> "There is a strong federal interest in the effective performance of
> Amateur Radio stations established at the residences of licensees,"
> the bill states. "Such stations have been shown to be frequently and
> increasingly precluded by unreasonable private land-use
> restrictions, including restrictive covenants."
> 
> The 11-page PRB-1 FCC Memorandum Opinion and Order is codified at
> Part 97.15(b) in the FCC Amateur Service rules, giving the
> regulation the same effect as a federal statute. In short, PRB-1
> states that local governments cannot preclude Amateur Radio
> communications; they must "reasonably accommodate" amateur
> operations, and the state and local regulations must be the minimum
> practicable regulation to accomplish a legitimate governmental
> interest. Subject to those guidelines, municipalities may still
> establish regulations with respect to height, safety, and aesthetic
> concerns.
> 
> For 28 years, FCC regulations have "prohibited the application to
> Amateur Radio stations of state and local regulations that preclude
> or fail to reasonably accommodate Amateur Service communications,"
> the bill points out, "or that do not constitute the minimum
> practicable regulation to accomplish a legitimate state or local
> purpose." Since PRB-1 was enacted, the FCC has said several times
> that it would prefer to have some guidance from Congress before
> extending the policy to private land-use regulations.
> 
> HR.4969 has been referred to the House Energy and Commerce
> Committee. Rep Greg Walden, W7EQI (R-OR), chairs that panel's
> Communications and Technology Subcommittee, which will consider the
> measure.
> 
> ARRL Hudson Division Director Mike Lisenco, N2YBB, is a principal
> advocate for the current legislative initiative to gain PRB-1
> recognition for CC&Rs. Lisenco said the most urgent task now is to
> get additional co-sponsors to sign onto HR.4969.
> NNNN
> /EX
                                          
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