> 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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