[SMCARA] Text of HR 4969 "Amateur Radio Parity Act of 2014"

[Tom Shelton]

Please be sure to take some time and contact your congressman and senators.
Regardless of your political views, this would be good for all hams...

https://beta.congress.gov/bill/113th-congress/house-bill/4969/text

To direct the Federal Communications Commission to extend to private land
use restrictions its rule relating to reasonable accommodation of
                    amateur service communications.

    Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Amateur Radio Parity Act of 2014''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) More than 700,000 radio amateurs in the United States
        are licensed by the Federal Communications Commission in the
        amateur radio service.
            (2) Amateur radio, at no cost to taxpayers, provides a
        fertile ground for technical self-training in modern
        telecommunications, electronics technology, and emergency
        communications techniques and protocols.
            (3) There is a strong Federal interest in the effective
        performance of amateur radio stations established at the
        residences of licensees. Such stations have been shown to be
        frequently and increasingly precluded by unreasonable private
        land use restrictions, including restrictive covenants.
            (4) Federal Communications Commission regulations have for
        28 years prohibited the application to amateur radio stations
        of State and local regulations that preclude or fail to
        reasonably accommodate amateur service communications, or that
        do not constitute the minimum practicable regulation to
        accomplish a legitimate State or local purpose. Commission
        policy has been and is to permit erection of a station antenna
        structure at heights and dimensions sufficient to accommodate
        amateur service communications.
            (5) The Federal Communications Commission has sought
        guidance and direction from Congress with respect to the
        application of the Commission's limited preemption policy
        regarding amateur radio communications to private land use
        restrictions, including restrictive covenants.

SEC. 3. ACCOMMODATION OF AMATEUR SERVICE COMMUNICATIONS.

    Not later than 120 days after the date of the enactment of this Act, the
Federal Communications Commission shall amend section 97.15(b) of title 47,
Code of Federal Regulations, so that such section prohibits application to
amateur service communications of any private land use restriction,
including a restrictive covenant, that--
            (1) precludes such communications;
            (2) fails to reasonably accommodate such communications; or
            (3) does not constitute the minimum practicable restriction
        on such communications to accomplish the legitimate purpose of
        the private entity seeking to enforce such restriction.
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