[House Report 114-732]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-732
======================================================================
AMATEUR RADIO PARITY ACT OF 2016
_______
September 9, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Upton, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 1301]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 1301) to direct the Federal Communications
Commission to extend to private land use restrictions its rule
relating to reasonable accommodation of amateur service
communications, having considered the same, report favorably
thereon with amendments and recommend that the bill as amended
do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
Statement of General Performance Goals and Objectives............ 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 5
Committee Cost Estimate.......................................... 5
Congressional Budget Office Estimate............................. 5
Federal Mandates Statement....................................... 7
Duplication of Federal Programs.................................. 7
Disclosure of Directed Rule Makings.............................. 7
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Amateur Radio Parity Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than 730,000 radio amateurs in the United States are
licensed by the Federal Communications Commission in the
amateur radio services.
(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 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
three decades prohibited the application to stations in the
amateur service 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 require States and localities to
permit erection of a station antenna structure at heights and
dimensions sufficient to accommodate amateur service
communications.
(5) The Commission has sought guidance and direction from
Congress with respect to the application of the Commission's
limited preemption policy regarding amateur service
communications to private land use restrictions, including
restrictive covenants.
(6) There are aesthetic and common property considerations
that are uniquely applicable to private land use regulations
and the community associations obligated to enforce covenants,
conditions, and restrictions in deed-restricted communities.
These considerations are dissimilar to those applicable to
State law and local ordinances regulating the same residential
amateur radio facilities.
(7) In recognition of these considerations, a separate
Federal policy than exists at section 97.15(b) of title 47,
Code of Federal Regulations, is warranted concerning amateur
service communications in deed-restricted communities.
(8) Community associations should fairly administer private
land use regulations in the interest of their communities,
while nevertheless permitting the installation and maintenance
of effective outdoor amateur radio antennas. There exist
antenna designs and installations that can be consistent with
the aesthetics and physical characteristics of land and
structures in community associations while accommodating
communications in the amateur radio services.
SEC. 3. APPLICATION OF PRIVATE LAND USE RESTRICTIONS TO AMATEUR
STATIONS.
(a) Amendment of FCC Rules.--Not later than 120 days after the date
of the enactment of this Act, the Federal Communications Commission
shall amend section 97.15 of title 47, Code of Federal Regulations, by
adding a new paragraph that prohibits the application to amateur
stations of any private land use restriction, including a restrictive
covenant, that--
(1) on its face or as applied, precludes communications in an
amateur radio service;
(2) fails to permit a licensee in an amateur radio service to
install and maintain an effective outdoor antenna on property
under the exclusive use or control of the licensee; or
(3) does not constitute the minimum practicable restriction
on such communications to accomplish the lawful purposes of a
community association seeking to enforce such restriction.
(b) Additional Requirements.--In amending its rules as required by
subsection (a), the Commission shall--
(1) require any licensee in an amateur radio service to
notify and obtain prior approval from a community association
concerning installation of an outdoor antenna;
(2) permit a community association to prohibit installation
of any antenna or antenna support structure by a licensee in an
amateur radio service on common property not under the
exclusive use or control of the licensee; and
(3) subject to the standards specified in paragraphs (1) and
(2) of subsection (a), permit a community association to
establish reasonable written rules concerning height, location,
size, and aesthetic impact of, and installation requirements
for, outdoor antennas and support structures for the purpose of
conducting communications in the amateur radio services.
SEC. 4. AFFIRMATION OF LIMITED PREEMPTION OF STATE AND LOCAL LAND USE
REGULATION.
The Federal Communications Commission may not change section 97.15(b)
of title 47, Code of Federal Regulations, which shall remain applicable
to State and local land use regulation of amateur service
communications.
SEC. 5. DEFINITIONS.
In this Act:
(1) Community association.--The term ``community
association'' means any non-profit mandatory membership
organization composed of owners of real estate described in a
declaration of covenants or created pursuant to a covenant or
other applicable law with respect to which a person, by virtue
of the person's ownership of or interest in a unit or parcel,
is obligated to pay for a share of real estate taxes, insurance
premiums, maintenance, improvement, services, or other expenses
related to common elements, other units, or any other real
estate other than the unit or parcel described in the
declaration.
(2) Terms defined in regulations.--The terms ``amateur radio
services'', ``amateur service'', and ``amateur station'' have
the meanings given such terms in section 97.3 of title 47, Code
of Federal Regulations.
Amend the title so as to read:
A bill to direct the Federal Communications Commission to
amend its rules so as to prohibit the application to amateur
stations of certain private land use restrictions, and for
other purposes.
PURPOSE AND SUMMARY
H.R. 1301 minimizes the restrictions placed on amateur
radio operators residing in communities governed by community
associations. Covenants imposed by community associations may
include strict restrictions on antennae and support structures
on residences, preventing amateur radio licensees residing in
private communities from operating at all. Current rules
prohibit state and local regulations from precluding amateur
service communications; however, these rules do not apply to
community associations and private land use regulations. The
legislation would help to allow amateur radio licensees to
operate and clarify the extent to which community associations
may impose rules.
H.R. 1301 directs the Federal Communications Commission
(FCC) to adopt rules to protect the rights of amateur radio
operators to use amateur radio equipment with minimal
restriction. In general, communications equipment is recognized
under current law as having a societal benefit in providing
access to information. Land use restrictions imposed by
governments or homeowners' associations on other pieces of
communications equipment are currently prohibited by FCC
regulation. The legislation directs the FCC to adopt
regulations for the use of amateur radio equipment, ensuring
that restrictions are minimally restrictive and tailored to
achieve a legitimate end. In addition, the legislation requires
any amateur operator to obtain prior approval for equipment
installation from the community association and allows
community associations to prohibit equipment installation on
commonly owned property within the community.
BACKGROUND AND NEED FOR LEGISLATION
There are currently more than 730,000 amateur radio
operators licensed in the United States. To be eligible to
operate an amateur radio station, individuals must obtain a
license from the FCC and comply with FCC rules. The FCC has six
classes of licensed operators, each of which is determined by
the licensee's level of skill and knowledge displayed during
the licensing exam. In addition to obtaining a license, the
licensee must own and install the necessary equipment to be
able to operate a radio. This includes a radio transceiver,
antenna system, and transmission lines. There are 27 spectrum
bands allocated for shared use among amateur radio operators.
Besides serving as an educational or social hobby, amateur
radio stations have also been utilized to provide critical
assistance during times of emergencies. If a natural disaster
knocks out traditional communications or internet access,
amateur radio operators in several instances have provided
assistance by relaying critical information to the local
community and public safety agencies. There are currently
40,000 licensed amateur radio operators that serve as members
of the Amateur Radio Emergency Service.
Amateur radio licensees residing in homeowner community
associations face challenges installing the necessary outdoor
radio equipment attached to their homes. Community association-
imposed covenants require residents to follow specific
guidelines for what can and cannot be done to the resident's
home. Covenants typically place restrictions on physical
characteristics of the home, including restrictions on physical
antenna equipment used to utilize amateur radio communications.
Current law recognizes the societal benefits provided by
amateur radio stations. Physical structures of stations are
required to be reasonably accommodated by state and local
government. However, this does not apply to community
associations or privately owned land. Land use restrictions
imposed by governments or homeowners' associations on other
pieces of communications equipment, such as antenna used to
receive satellite services or video programming, are currently
prohibited by FCC regulations. These rules do not extend to
antennae used for operating amateur radio.
H.R. 1301, the Amateur Radio Parity Act of 2016, would
remedy ongoing differences between community association
covenant restrictions and the installation of outdoor amateur
radio equipment. The legislation ensures community association
rules for amateur radio equipment are minimal and provides
licensees the ability to install reasonably sized equipment and
operate stations.
HEARINGS
The Subcommittee on Communications and Technology held a
hearing on H.R. 1301 on January 12, 2016. The Subcommittee
received testimony from:
Elizabeth Bowles, President and Chair of the
Board, Aristotle, Inc., on behalf of Wireless Internet Service
Providers Association;
Harold Feld, Senior Vice President, Public
Knowledge; and
Robert McDowell, Partner, Wiley Rein LLP, Senior
Fellow, Hudson Institute, former Commissioner of the Federal
Communications Commission.
COMMITTEE CONSIDERATION
On February 10, 2016, the Subcommittee on Communications
and Technology met in open markup session and forwarded H.R.
1301 to the full Committee, without amendment, by a voice vote.
On July 13, 2016, the full Committee on Energy and Commerce met
in open markup session and ordered H.R. 1301 reported to the
House, as amended, by a voice vote.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 1301 reported.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee held a hearing and made
findings that are reflected in this report.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
The goal of the legislation is to allow amateur radio
station operators residing in community associations to install
equipment that is consistent with minimal restrictions of the
community associations.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
1301 would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS
In compliance with clause 9(e), 9(f), and 9(g) of rule XXI
of the Rules of the House of Representatives, the Committee
finds that H.R. 1301 contains no earmarks, limited tax
benefits, or limited tariff benefits.
COMMITTEE COST ESTIMATE
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 3, 2016.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1301, the Amateur
Radio Parity Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Stephen
Rabent.
Sincerely,
Mark P. Hadley
(For Keith Hall).
Enclosure.
H.R. 1301--Amateur Radio Parity Act of 2016
H.R. 1301 would direct the Federal Communications
Commission (FCC) to amend regulations related to the height and
dimensions of certain antenna structures. Under the bill, the
regulations would be amended to prohibit private land-use
restrictions from applying to antennas used for amateur radio
communications if the restrictions prevent or impede those
communications. The bill also would require any licensee in an
amateur radio service to obtain prior approval from a community
association before installing an outdoor antenna. In addition,
H.R. 1301 would allow community associations to prohibit the
installation of antenna or support structures on common
property and would permit community associations to establish
rules concerning the nature of the installation.
Based on information from the FCC, CBO estimates that
implementing H.R. 1301 would cost less than $500,000 to update
agency rules. Moreover, the agency is authorized to collect
fees sufficient to offset its regulatory costs each year;
therefore, CBO estimates that the net discretionary cost would
be negligible, assuming appropriation actions consistent with
that authority.
Enacting H.R. 1301 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 1301 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
H.R. 1301 contains no intergovernmental mandates as defined
in Unfunded Mandates Reform Act (UMRA) and would not affect the
budgets of state, local, or tribal governments.
The bill contains a private-sector mandate as defined in
UMRA because it would limit the application of private land-use
restrictions that are inconsistent with the requirements in the
bill. The mandate would apply to private entities such as
homeowners associations by limiting their ability to apply
land-use restrictions on amateur radio communications.
Homeowner association rules, mobile home park agreements, condo
association bylaws, and deed covenants could be affected by the
bill's prohibition. The bill also would impose a private-sector
mandate on amateur radio licensees by requiring them to obtain
prior approval from their community association before
installing an outdoor antenna. The cost of the mandates would
be any costs associated with revising private land-use policies
if necessary to comply with the bill, and the cost of notifying
community associations of the intent to install an outdoor
antenna. Based on an analysis of information about the existing
practices of community associations, such costs would probably
be small. Therefore, CBO estimates that the aggregate cost of
the mandates would fall well below the annual threshold
established in UMRA for private-sector mandates ($154 million
in 2016, adjusted annually for inflation).
On February 9, 2016, CBO transmitted a cost estimate for S.
1685, the Amateur Radio Parity Act of 2015, as ordered reported
by the Senate Committee on Commerce, Science, and
Transportation on November 18, 2015. The two pieces of
legislation are similar and CBO's estimates of the budgetary
effects are the same.
The CBO staff contacts for this estimate are Stephen Rabent
(for federal costs) and Logan Smith (for private-sector
mandates). The estimate was approved by Theresa Gullo,
Assistant Director for Budget Analysis.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
DUPLICATION OF FEDERAL PROGRAMS
No provision of H.R. 1301 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
DISCLOSURE OF DIRECTED RULE MAKINGS
The Committee estimates that enacting H.R. 1301
specifically directs to be completed 1 rule making within the
meaning of 5 U.S.C. 551.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
This section provides the short title of Amateur Radio
Parity Act of 2016.
Section 2. Findings
This section identifies benefits that over 730,000 licensed
amateur radio stations in the United States provide to
societies. The findings acknowledge the unique challenges for
amateur radio licenses complying with private land use
regulations and community associations, but recognize that
there are antenna designs and installations consistent with
community association land and structure requirements.
Section 3. Application of private land use restrictions to amateur
stations
Section 3 establishes that private land use restrictions
may not prevent amateur radio communications, but require
licensees to obtain approval from a community association prior
to equipment installation. The section allows a community
association to prohibit amateur radio installation equipment on
common property not under exclusive ownership of the licensee.
Community associations may establish reasonable rules
concerning aesthetics and installation requirements for outdoor
equipment.
Section 4. Affirmation of limited preemption of state and local land
use regulation
Section 4 Affirms current preemption of state and local
land use regulations in regards to precluding amateur service
communications.
Section 5. Definitions
Section 5 contains definitions for a community association,
and other terms defined in current regulations.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation does not amend any existing Federal
statute.
[all]