07/11/2016
The full House Energy and Commerce Committee markup[1] of the Amateur Radio
Parity Act[2] (H.R. 1301) and four other bills has been rescheduled for July
12. Originally set for June 23, the session was postponed after the committee,
with most members absent, convened on June 22 for about 10 minutes to hear
opening statements. If necessary, the markup session will continue into the
next day.
The panel, chaired by Rep Fred Upton (R-MI), will consider H.R. 1301 and an
"Amendment[3] in the Nature of a Substitute to H.R. 1301," when it meets this
week. In June, the ARRL and the Community Associations Institute (CAI[4]) - the
national association of homeowners associations (HOAs) announced that they had
reached consensus on the bill's provisions. Rep Upton called H.R. 1301
"legislation to protect the rights of Amateur Radio operators," in a
statement[5] he released on June 22.
"Just as the law recognizes that access to broadcast satellite communications
are an important part of our national information infrastructure, so too should
we recognize the role of Amateur Radio," Upton wrote. "This is especially
important as Amateur Radio operators can serve a crucial role in providing
communications in the wake of natural disasters and other times when commercial
communications networks might be unavailable. The underlying bill seeks to
ensure that Amateur Radio operators are permitted to operate in deed-restricted
communities. The amendment in the nature of a substitute under consideration
represents a good-faith compromise between the two parties most impacted by
this bill: Amateurs and community associations."
While not among the 126 cosponsors of H.R. 1301, Upton said he was looking
forward to advancing the five measures out of committee. Committee sessions are
streamed[6] live.
Section 3 of the substitute language for H.R. 1301 establishes that private
land use restrictions may not prevent Amateur Radio communications, but may
require licensees to obtain approval from a community association prior to
installing an outdoor antenna. Community associations would be permitted to
establish reasonable rules concerning aesthetics and installation requirements.
ARRL General Counsel Chris Imlay, W3KD, has said the substitute bill would
guarantee that a radio amateur living in a deed-restricted community -
including condominium or townhouse communities - could install and maintain an
"effective outdoor antenna." He said the agreement was achieved without
disrupting 30 years of zoning case law that has interpreted the PRB-1 federal
preemption and protected radio amateurs from overregulation by zoning
authorities. The bill incorporates the basic tenets of PRB-1.
More information[7] on the Amateur Radio Parity Act, including a copy of the
complete substitute amendment agreed to by ARRL and CAI, is available on the
ARRL website.
[1] https://energycommerce.house.gov/hearings-and-votes/Markup
[2] http://www.arrl.org/amateur-radio-parity-act
[3] http://docs.house.gov/meetings/IF/IF00/20160622/105135/BILLS-114-HR1301-W000
791-Amdt-1.pdf
[4] https://www.caionline.org/
[5] http://docs.house.gov/meetings/IF/IF00/20160622/105135/HMKP-114-IF00-MState-
U000031-20160622.pdf
[6] https://energycommerce.house.gov/hearings-and-votes
[7] http://www.arrl.org/amateur-radio-parity-act
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