[FLham] CC&R Bill

[Radioguy]

AMATEUR RADIO ANTENNA "CC&R BILL" REINTRODUCED IN CONGRESS

New York Congressman Steve Israel has reintroduced legislation that could 
make it easier for radio amateurs living in communities with deed 
covenants, conditions and restrictions (CC&Rs) to erect suitable antennas. 
Arkansas Congressman Mike Ross, WD5DVR, signed aboard as an original 
cosponsor of the "Amateur Radio Emergency Communications Consistency Act" 
(HR 3876). ARRL Hudson Division Director Frank Fallon, N2FF, attended 
Israel's public announcement of the bill September 19 on Long Island.

"Unfortunately if all new housing developments contain deed restrictions 
forbidding outside antennas there will probably come a time when there will 
not be enough ham radio operators to help their neighbors and countrymen," 
said Fallon. He believes Israel's bill will help to ensure that Amateur 
Radio will continue to be able to provide emergency communication should a 
disaster occur.

Fallon, who heads up the League's grassroots lobbying initiative, noted the 
bill's introduction comes in the immediate aftermath of positive media 
coverage of Amateur Radio's response to the Hurricane Katrina disaster. He 
was on hand for Israel's public announcement, which took place at the home 
of ARRL New York City-Long Island Emergency Coordinator Tom Carrubba, KA2D.

The one-sentence measure is identical to the text of the CC&R bill that has 
been introduced in the last two sessions of 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." The measure would put private 
land-use regulations, such as homeowners' association rules, on the same 
legal plane as state or local zoning regulations under the FCC's PRB-1 
limited federal preemption. PRB-1 now applies only to states and 
municipalities.

ARRL President Jim Haynie, W5JBP, this week encouraged League members to 
write their elected representative and ask that they cosponsor and support 
the bill, especially given two hurricane emergencies in short order.

"Amateur Radio is certainly a part of this nation's communications 
infrastructure," Haynie said. "What we're asking for is just a fair shake 
so we can put up antennas and help our fellow citizens." While the League 
has ramped up its efforts to educate members of Congress about Amateur 
Radio, Haynie said lawmakers respond best to individual members.

HR 3876 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 
<http://www.arrl.org/govrelations/hr3876/>.

In his formal announcement this week, Israel said that "often unsung" 
Amateur Radio volunteers were instrumental in helping residents in the 
hardest hit areas in the wake of Hurricane Katrina, including saving 
stranded flood victims in Louisiana and Mississippi.

"State and local governments, as well as disaster relief agencies, could 
not possibly afford to replace the services that radio amateurs dependably 
provide for free," said a statement from Israel's office. "However, the 
hundreds of thousands of Amateur Radio licensees face burdensome 
regulations that make it extremely difficult to provide their public services."

(Tnx ARRL Letter)