[SFDXA] Fwd: ARLB022 FCC Releases Congressionally Mandated Study on Amateur Radio

[Bill Marx]

> SB QST @ ARL $ARLB022
> ARLB022 FCC Releases Congressionally Mandated Study on Amateur Radio
> 
> ZCZC AG23
> QST de W1AW  
> ARRL Bulletin 22  ARLB022
> From ARRL Headquarters  
> Newington CT  August 23, 2012
> To all radio amateurs 
> 
> SB QST ARL ARLB022
> ARLB022 FCC Releases Congressionally Mandated Study on Amateur Radio
> 
> On August 20 -- in response to a Spring 2012 Congressional directive
> -- the Federal Communications Commission released its findings on
> the Uses and Capabilities of Amateur Radio Service Communications in
> Emergencies and Disaster Relief: Report to Congress Pursuant to
> Section 6414 of the Middle Class Tax Relief and Job Creation Act of
> 2012.
> 
> This report contains the FCC's "review of the importance of
> emergency Amateur Radio Service communications relating to
> disasters, severe weather and other threats to lives and property in
> the United States; and recommendations for enhancements in the
> voluntary deployment of Amateur Radio operators in disaster and
> emergency communications and disaster relief efforts; and
> recommendations for improved integration of Amateur Radio operators
> in the planning and furtherance of initiatives of the federal
> government." It also required "that the study identify impediments
> to enhanced Amateur Radio Service communications and provide
> recommendations regarding the removal of such impediments."
> 
> "There are many positive things included in the FCC report to
> Congress," said ARRL Regulatory Information Manager Dan Henderson,
> N1ND. "We are pleased that the Commission highlighted the existing
> Amateur Radio infrastructure to provide disaster and time-critical
> communications. They also recognized the flexibility of the Amateur
> Service in working with federal, state, local and tribal emergency
> service agencies to supplement existing communications. The
> affirmation of the value that Amateur Radio brings to the
> communities across the country is underscored by the suggestion that
> 'DHS work with state, local, and tribal authorities so they may
> develop disaster area access or credentialing policies for trained
> amateur operators, including a means for documenting their
> qualifications..."'
> 
> While the FCC did hold Amateur Radio in a positive light in its
> discussion of emergency Amateur Radio Service communications, the
> FCC report was not as favorable in the portion of the study that
> addressed impediments to enhanced Amateur Radio Service
> communications. In the comments provided to the FCC as they prepared
> the study, the ARRL -- as well as numerous individuals -- cited the
> proliferation of specific land-use restrictions, such as deed
> restrictions and homeowners associations covenants, that prohibit
> the erection of even modest Amateur Radio antennas.
> 
> The ARRL cited that such restrictions now apply to tens of millions
> of homes and condominiums. In communities across every state, these
> restrictions make finding suitable living arrangements that would
> also allow amateurs to participate effectively in providing support
> communications nearly impossible to find. The FCC disagreed with
> that assessment stating "...our review of the record does not
> indicate that amateur operators are unable to find homes that are
> not subject to such restrictions. Therefore, at this time, we do not
> see a compelling reason for the Commission to revisit its previous
> determinations that preemption should not be expanded to CCRs."
> 
> When considering any current rules that serve as impediments to
> enhanced Amateur Radio Service communications, the report did agree
> with the ARRL's position, stating that "Commission rules that may be
> an impediment to enhanced Amateur Service emergency communications
> can, as the ARRL notes, be considered through the Commission's
> rulemaking process. Consequently, we do not believe that
> Congressional action is necessary to address any of these issues."
> 
> In the report, the FCC recommended that "DHS consult with the public
> safety, emergency management and Amateur Radio emergency
> communications associations and groups to identify training
> opportunities that will support better utilization of Amateur Radio
> operators for emergency communications, and to solicit views on how
> Amateur Radio capabilities could be further incorporated into
> response plans or initiatives. We also recommend that OEC include
> these recommendations in the NECP."
> 
> Henderson noted that it is significant "that the FCC recommends
> efforts be continued by DHS to facilitate the training and
> utilization of Amateur Radio across the emergency and disaster
> response spectrum -- from the public sector through to the various
> groups and organizations which provide support communications via
> the Amateur Service, including ARES, RACES, MARS or locally
> organized support groups. When served agencies and amateur groups
> plan and train cooperatively, it only enhances our abilities to
> serve our communities and the public."
> 
> With the delivery of the FCC's report to Congress, the ARRL will
> determine its next step in its efforts to find relief for amateurs
> who live under unduly restrictive private land-use regulations. "Our
> review of the FCC report shows that there is a lot to be done if
> amateurs living in deed-restricted properties are to receive even
> the limited relief they enjoy under the Commission's PRB-1 ruling or
> the limited relief given to deed-restricted properties given by the
> FCC's OTARD ruling," Henderson said. "This means continuing ARRL's
> efforts on Capitol Hill and continuing to seek a Congressional
> directive to the Commission to extend those limited preemptions to
> include prohibition of effective Amateur Radio antennas and support
> structure that are imposed by private land use restrictions. The FCC
> report to Congress is not the final action in this fight. It merely
> lays the groundwork for the next steps to be taken by the ARRL," he
> concluded.
> 
> Read the complete FCC report on the web at,
> http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0820/DA-12-1342A1.pdf.
> NNNN
> /EX