[LeArc] ARLB029 Landmark bill could provide amateurs relief from restrictive covenants

[Joseph L. Rossmiller]

SB QST @ ARL $ARLB029
ARLB029 Landmark bill could provide amateurs relief from restrictive
covenants

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ARRL Bulletin 29  ARLB029
>From ARRL Headquarters
Newington CT  May 14, 2002
To all radio amateurs

SB QST ARL ARLB029
ARLB029 Landmark bill could provide amateurs relief from restrictive
covenants

A bill introduced in Congress May 14 could provide relief to amateurs
prevented by private deed covenants, conditions and
restrictions--CC&Rs--from installing outdoor antennas. Rep Steve Israel
(D-NY) has introduced the ''Amateur Radio Emergency Communications
Consistency Act.'' The measure is aimed at preventing private land-use
rules from ''unreasonably interfering with'' the installation and use of
''appropriate antenna structures'' for amateurs. Rep Greg Walden, WB7OCE
(R-OR)--the only Amateur Radio operator in Congress--and Rep Pete
Sessions (R-TX) have signed on as original cosponsors.

The measure contains but one sentence: ''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 bill, which does not yet have a number, is expected to be assigned
to the Telecommunications and Internet Subcommittee of the House Energy
and Commerce Committee.

After the ARRL ran into a brick wall trying to convince the FCC to
include CC&Rs under the limited federal preemption known as PRB-1, the
League's Board of Directors agreed to pursue a congressional remedy.
ARRL President Jim Haynie, W5JBP, and other League officials met with
Israel, Walden, Sessions and others on Capitol Hill earlier this year to
discuss the prospect of such a bill and how it should be worded. With
the proposal now in the legislative hopper, Haynie says the ''really
hard work'' is up to the amateur community, League members or not.

''It becomes important for all of us to write your congressman, call
your congressman and voice your support,'' Haynie said. ''This will have
to be a grassroots effort, and we're going to pull out all the stops.''

Israel, whose father, Howard, is K2JCC, said in a statement read into
the Congressional Record that his bill seeks to ensure the continued
viability of a volunteer public service resource. ''My bill would
provide Amateur Radio licensees with the ability to negotiate reasonable
accommodation provisions with homeowners' associations,'' Israel said,
''just as they do now with governmental land-use regulators, to ensure
that our nation is not left with areas devoid of the public safety
services amateurs can provide.''

Visit the US House of Representatives ''Write Your Representative
Service'' Web page http://www.house.gov/writerep/ for information on how
to contact your representative.

ARRL requests those contacting members of Congress to copy ARRL on their
correspondence--via e-mail to ccr-bill@arrl.org or via US Mail to CC&R
Bill, ARRL, 225 Main St, Newington, CT 06111. Please include your name
and address on all correspondence.

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