[HIham] Update on Amateur Radio antenna bills: HB 2773 and HB2774

[Kevin C. Bogan]

The team would like to give you an update on our legislative action
supporting HB 2773 and HB 2774.

Representative Hiraki, who submitted the bills, will serve as chair of the
joint House-Senate Conference Committee, and the House has appointed
Representatives Herkes, Sonson, Caldwell, Marumoto and Thielen as conferees
for the House side.  We should know the Senate appointees soon, and
anticipate conferencing to begin during the week of April 19.

>From the Senate side, Senator Menor advised us following the Senate CPH
hearing that we need to find a balance with the opposing parties, to not
completely override the powers of associations to review and approve
antennas, and to provide some criteria or guidelines for reasonable
accommodation.  He also asked us to meet with representatives of the
Community Associations Institute (CAI) to discuss the issues before
conference.    Interestingly, the mission for CAI as stated on its website
is to promote "harmony."

Therefore, in order to facilitate passage of the bills, we have scheduled an
appointment with CAI and have also prepared good faith potential bill
amendments, which I share with you below.

Since the opposition demonstrated that the FCC chose not to override private
contracts in response to the ARRL's appeal, we are now basing our request on
"reasonable accommodation" as promulgated by Congress and the FCC, with some
criteria and guidelines for implementation. Because restricted sites and
radio operations vary so much, we have not attempted to delineate technical
specifications for antennas.  We realize that "reasonable accommodation"
will still be subject to interpretation, case law, arbitration, etc.;
however, we do not believe it will be possible to achieve a bill which gives
all the decision-making power to one side.  Remember that whatever the
Legislature passes must still be signed by the Governor.

Please send your comments to kbogan@hawaii.rr.com.

Proposed content for HB 2773, 2774:

*    Reasonable accommodation shall be made for the effective
operation of amateur radio from residences, private vehicles and public
areas as authorized by Congressional Public Law 103-408.  Contracts may
not supercede Public Law 103-408.

*    Antennas located on agricultural lots shall be subject to local
ordinances rather than CC&R.

*    Declarants, By-laws of Associations, House Rules, and Board of
Directors shall accommodate amateur radio operation as a public benefit.
Any restrictions on antennas shall have a reasonable and clearly defined
public health or safety objective and impose the minimum practical
regulation that is necessary to accomplish the objectives.  Associations may
not prevent, unreasonably delay, or unreasonably increase the cost of
antenna installation, maintenance or use, or preclude an effective signal.

*    The radio operator shall accommodate aesthetic impact considerations in
the placement and visual mitigation of an antenna.  An association may
review and approve the location of the antenna installation.

*    No antenna shall protrude in any manner upon the adjoining
property without the written permission of the adjoining property owner;
and no antenna shall protrude upon the public way.

*    Differences that cannot be resolved are to be worked out through
mediation and binding arbitration.

*    Licensed amateur radio operators who are registered with or
authorized by Civil Defense may during times of emergency deploy any
temporary antenna consistent with their FCC license.  Emergencies
include alerts, watches, warnings, and the declaration of an emergency.
Any antenna temporarily deployed shall be removed within 72 hours after
the end of the event or emergency condition.

*    Antennas may be deployed for participation in official Civil
Defense, governmental or non-governmental agency exercises for emergency
preparedness.  The antennas shall be removed within 24 hours after the
exercise.

*    Nothing in the provisions shall prohibit an association from
permitting other less restrictive arrangements for amateur radio
antennas and equipment.

Kevin, AH6QO