[Boatanchors] Fwd: ARLB015 House Bill Would Require FCC to Extend PRB-1 Coverage to Restrictive Covenants

[Brian Carling]

Best regards - Bry Carling



Begin forwarded message:

> From: Brian Carling <bcarling at cfl.rr.com>
> Date: June 28, 2014 at 11:35:46 AM EDT
> To: FL Boatanchors <flboatanchors at yahoogroups.com>
> Subject: Fwd: ARLB015 House Bill Would Require FCC to Extend PRB-1 Coverage to Restrictive Covenants
> 
> Folks,
> 
> We should get behind this and contact our legislative representatives.
> 
> Best regards - Bry Carling
> 
> 
> 
> Begin forwarded message:
> 
>> From: "ARRL Web site" <memberlist at www.arrl.org>
>> Date: June 28, 2014 at 10:20:04 AM EDT
>> To: bcarling at cfl.rr.com
>> Subject: ARLB015 House Bill Would Require FCC to Extend PRB-1 Coverage to Restrictive Covenants
>> 
>> 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