[NCARC] Fw: Huge potential advance - PRB1 applied to HOA's!

[David Johnston]

This could be HUGE for folks who have restrictive HOAs and Covenants! Call
your representative!

I'm not usually one to forward messages, but this one could be amazing if
PRB1 was applied to HOA and covenant type situations!


From: k6xt <k6xt at arrl.net>
To: GMC list <gmc at grandmesa.org>, MHDXA <MHDXA at mhdxa.com>
Date: Fri, 27 Jun 2014 07:30:53 -0600
Subject: [MHDXA] Huge potential advance - PRB1 applied to HOA's!
Message-ID: <53AD720D.6050503 at arrl.net>

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 <http://www.arrl.org/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
<http://kinzinger.house.gov/> (R-IL). It has initial co-sponsorship from
Rep Joe Courtney <http://courtney.house.gov/> (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 §
97.15(b)
<http://www.arrl.org/part-97-amateur-radio> 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.


-- 
-Dave
KD8BQN
614-371-0343 (SMS preferred)