[SFDXA] House Bill Would Require FCC to Extend PRB-1 Coverage to Restrictive Covenants

[Bill]

 From Jeff WA4AW:


    House Bill Would Require FCC to Extend PRB-1 Coverage to Restrictive
    Covenants

**
06/26/2014
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.