[TowerTalk] Amateur Radio Antenna "CC&R Bill" Reintroduced in Congress

[K7LXC@aol.com]

Howdy, TowerTalkians --

    FYI. Here's a topic that's near and dear to most of our hearts.

Cheers,
Steve    K7LXC

>   Date: Wed, 28 Sep 2005 00:30:15 -0700
   From: "Dr. Howard S. White" <drpaper at msn.com>
Subject: ARRLWeb: Amateur Radio Antenna "CC&R Bill" Reintroduced in Congress

CC&R's and HOA have done a lot to kill Ham Radio

This bill would have the PRB-1 Antenna Exemption to apply to CC&R's & HOA

This is a very important Bill... Write your Congressman to solicit his 
support.....

http://www.arrl.org/news/stories/2005/09/23/7/?nc=1

NEWINGTON, CT, Sep 23, 2005--New York Congressman Steve Israel has 
reintroduced legislation that could make it easier for radio amateurs living in 
communities with deed covenants, conditions and restrictions (CC&Rs) to erect suitable 
antennas. Arkansas Congressman Mike Ross, WD5DVR, signed aboard as an 
original cosponsor of the "Amateur Radio Emergency Communications Consistency Act" 
(HR 3876). ARRL Hudson Division Director Frank Fallon, N2FF, who attended 
Israel's public announcement of the bill September 19 on Long Island, pointed out 
the Amateur Radio volunteers always fill the gap after other communication 
systems fail in an emergency or disaster. He notes the bill's introduction comes in 
the immediate aftermath of positive media coverage of Amateur Radio's 
response to the Hurricane Katrina disaster. 

"Unfortunately if all new housing developments contain deed restrictions 
forbidding outside antennas there will probably come a time when there will not be 
enough ham radio operators to help their neighbors and countrymen," said 
Fallon. He believes Israel's bill will help to ensure that Amateur Radio will 
continue to be able to provide emergency communication should a disaster occur. 

Fallon, who head up the League's grassroots lobbying initiative, was on hand 
for Israel's announcement, which took place at the home of ARRL New York 
City-Long Island Emergency Coordinator Tom Carrubba, KA2D. 




The one-sentence measure is identical to the text of the CC&R bill that has 
been introduced in the last two sessions of Congress: "For purposes of the 
Federal Communications Commission's regulation relating to station antenna 
structures in the Amateur Radio Service (47 CFR 97.15), any private land use rules 
applicable to such structures shall be treated as a state or local regulation 
and shall be subject to the same requirements and limitations as a state or 
local regulation." 

The measure would put private land-use regulations, such as homeowners' 
association rules, on the same legal plane as state or local zoning regulations 
under the FCC's PRB-1 limited federal preemption regarding antenna 
structures--§97.15 of the Amateur Service rules. PRB-1 now applies only to states and 
municipalities. 

ARRL President Jim Haynie, W5JBP, is encouraging League members to write 
their elected representative and ask that they cosponsor and support the bill, 
especially given two hurricane emergencies in short order. 


"I think it's time now that we, as amateurs, really band together and see 
what we can do about writing our congressional representatives and explaining to 
them that Amateur Radio is certainly a part of this nation's communications 
infrastructure," Haynie said. "What we're asking for is just a fair shake so we 
can put up antennas and help our fellow citizens." 

While the League has ramped up its efforts to educate members of Congress 
about Amateur Radio, Haynie said lawmakers respond best to individual members. 

HR 3876 has been assigned to the House Energy and Commerce Committee. 
Information about the bill and a sample letter to use when contacting your 
representative are available on the ARRL Web site. 

In his formal announcement this week, Israel said that "often unsung" Amateur 
Radio volunteers were instrumental in helping residents in the hardest hit 
areas in the wake of Hurricane Katrina, including saving stranded flood victims 
in Louisiana and Mississippi. 

"State and local governments, as well as disaster relief agencies, could not 
possibly afford to replace the services that radio amateurs dependably provide 
for free," said a statement from Israel's office. "However, the hundreds of 
thousands of Amateur Radio licensees face burdensome regulations that make it 
extremely difficult to provide their public services." 

In past statements, Israel has said that the growth of developed communities 
has put a growing number of hams under an "array of inconsistent regulations" 
that make it harder and harder--or altogether impossible--to erect the 
necessary antennas.