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Legislative Update – Issue #
8
March 2015
ARRL - 225 Main Street – Newington, CT 06111
Edited by Dan Henderson, N1ND, ARRL Regulatory
Information Manager, n1nd@arrl.org
The Amateur Radio Parity Act of 2015 – Introduced into
the US House of Representative
On March 4, 2015, Representative
Adam Kinzinger (R-IL-16), along with lead co-sponsor Representative Joe
Courtney (D-CT-02) and eleven additional co-sponsors from both parties (seven
Republicans and five Democrats) introduced “The Amateur Radio Parity Act of
2015”. Assigned a bill number of HR 1301, the bill directs the Federal
Communications Commission to extend to private land use restrictions its PRB-1
rule relating to reasonable accommodation of Amateur Service communications.
The bill, which had been introduced in the previous Congress, was assigned to
the House Energy and Commerce Committee. Representative Greg Walden, (R-OR-02), is Chairman of the Subcommittee on
Communications and Technology that will consider the bill. Chairman Walden is
an Amateur licensee, W7EQI.
If enacted, HR
1301 would direct the FCC to extend those reasonable accommodation protections
to Amateurs who are living in deed-restricted communities. Known as
"CC&Rs" (covenants, conditions and restrictions), these are the
prohibitions and limitations placed on properties by builders or homeowner
associations (HOAs) which prevent licensed Amateurs from erecting
antennas. The act does not give Amateurs "carte blanche"
to do whatever they wish. Rather, it requires HOAs and other private land use
regulators to extend reasonable accommodation to Amateurs wishing to erect
antennas.
Land use
restrictions that prohibit the installation of outdoor antenna systems are the
largest threat to Amateur Radio emergency and public service communications.
They are escalating quickly and exponentially. An outdoor antenna is critical
to the effectiveness of an Amateur Radio station. Typically, all Amateur Radio
antennas are prohibited in residential areas by private land use regulations.
In other instances, prior approval of the homeowners’ association is required
for any outdoor antenna installation. However, there are no standards to
determine whether or not the homeowners’ association will grant approval.
This issue of ARRL Legislative
Update contains information on the key talking points for promoting HR 1301 as
well as information on contacting your member of the US House of
Representatives, asking for his or her support and co-sponsorship of this important
legislation. For more information on visit www.arrl.org/hr-1301
The time to act is now: Let’s get it done!
A Message from ARRL President Kay Craigie
Dear fellow ARRL members,
Private land use restrictions that prohibit antennas are
growing at an alarming rate all over the country. In the part of the Virginia
county where I live, municipal government regulates land use, and we negotiated
a very satisfactory antenna ordinance. Not far away in
the same county, a bright young electrical engineer who has recently returned
to Amateur Radio lives in a newer development that has private land use
regulations flatly prohibiting antennas. How does that make sense? In our rural
and small-town county, every new development must have a homeowners
association, and they all prohibit antennas with cookie-cutter language. This
is not just a problem in cities, suburbs, and gated communities. It is
everywhere.
H.R. 1301 seeks regulatory parity for my young, technically
sophisticated friend – not a blank check, not the heavy hand of the federal
government, but simply the same opportunity for him to negotiate reasonable
accommodation that I had because of PRB-1. It seeks a level playing field for
him and me. This legislation is simple and sensible. It is about fairness.
If private land use restrictions do not affect you, please
stand up for your fellow amateurs. Please stand up for the youth we all want to
attract into amateur radio. What is the point of helping youth get their
licenses if they cannot go on to develop the skills of amateur radio because
they cannot have antennas in their neighborhoods? Please stand up for the
amateurs of the future, so they can have the experiences that have made such a
difference in our lives.
Today, contact your member of Congress and ask him or her to
become a co-sponsor of H.R. 1301. I did, and my Congressman said yes!
73,
Kay Craigie N3KN
President, ARRL
Have A Meeting
with Your Congressperson or Staff?
Planning and
Preparation are the Keys!
Once
you have an appointment with your member of Congress or a staff person, you
have a lot to do in order to be ready. Here are a few bullet points to
keep in mind as you prepare…
· Be professional
but let your enthusiasm be evident. Dress appropriately and be
prompt. After all, you are there to “sell our product:” Amateur Radio.
Practice your presentation several times in advance…
· Make it
personal. Let them know how you are active in the Amateur Radio Service, but do
not slip into a long series of personal credentials or jargon. They probably
will not understand what it means to have a specific class Amateur license,
what your callsign means, or to what DXCC or ARES refers. What they will
understand is that Amateur Radio is a service to a community, provided by
volunteers with no cost attached to the organizations or agencies that you
assist.
· Keep the size of
the group small (no more than four people) and make certain everyone with you
plays at least some small role in your presentation. Engaged participation by a
smaller group works better than having a larger group with only one person
doing all of the work.
· Stress that this
is not a partisan political effort. HR 1301 has strong bipartisan
support.
· Your job is to
help them understand why supporting the Amateur Radio Parity Act is the right
thing to do. Make certain that you and every member of your group is
thoroughly familiar with the talking points the ARRL has provided for the bill.
(These can be found in this newsletter and online at www.arrl.org/hr-1301)
· If they ask a
question you cannot answer or that you are not certain about, be honest. Tell
them you will get the answer and get it back to them quickly, and make certain
you follow through.
· Ask them to
support the bill, but also ask them to become a co-sponsor for HR-1301. After
all, that is why you are meeting with them.
· Make certain
that you thank them for their time and consideration. Do not demand an
immediate answer (you probably will not receive one at the meeting). Tell them
you look forward to hearing from them soon.
· After your
meeting, take a moment to send them an email or note thanking them again.
· Convey any
information you bring from the meeting back to the ARRL Regulatory Information
Office (reginfo@arrl.org) This can then
be used for any follow-up contact by the ARRL’s DC team.
Key Talking Points
for HR 1301
► The American Radio Relay League, Incorporated (ARRL) is the representative
of Amateur Radio in the United States. There are more than 720,000 Amateur
Radio operators licensed by the FCC. ARRL’s membership of approximately 170,000
includes the most active and dedicated Amateur Radio operators. ► Radio Amateurs (hams) provide, on a volunteer basis, public service, emergency, and disaster relief communications using radio stations located in their residences. Their services cost taxpayers nothing. They are provided at no cost to any served agency or to any government entity. FEMA has stated that when Amateur Radio operators are needed in an emergency or disaster, they are really needed.
► Served agencies include the American Red Cross, the Salvation Army, the Federal Emergency Management Agency, and the Department of Defense. Disaster relief planning exercises and emergency communications certification courses guarantee trained operators throughout the United States.
► Land use restrictions that prohibit the installation of outdoor antenna systems are the largest threat to Amateur Radio emergency and public service communications. They are escalating quickly and exponentially. An outdoor antenna is critical to the effectiveness of an Amateur Radio station. Typically, all Amateur Radio antennas are prohibited in residential areas by private land use regulations. In other instances, prior approval of the homeowners’ association is required for any outdoor antenna installation. However, there are no standards to determine whether or not the homeowners’ association will grant approval.
► Thirty years ago, the FCC found that there was a “strong Federal interest” in supporting effective Amateur Radio communications. FCC also found and that zoning ordinances often unreasonably restricted Amateur Radio antennas in residential areas. The FCC, in a docket proceeding referred to as “PRB-1” created a three-part test for municipal regulations affecting Amateur Radio communications. State or local land use regulations: (A) cannot preclude Amateur Radio communications; (B) must make “reasonable accommodation” for Amateur Radio communications; and (C) must constitute the “minimum practicable restriction” in order to accomplish a legitimate municipal purpose.
►The FCC did not extend this policy to private land use regulations at the time. However, the Telecommunications Act of 1996 ordered the FCC to enact regulations that preempted municipal and private land use regulation over small satellite dish antennas and television broadcast antennas in residences. The FCC found that: (a) it does have jurisdiction to preempt private land use regulations that conflict with Federal policy; and (b) that private land use regulations are entitled to less deference than municipal regulations. This is because the former are premised exclusively on aesthetics considerations.
► ARRL repeatedly requested that FCC revisit its decision and apply its policy equally to all types of land use regulations that unreasonably restrict or preclude volunteer, public service communications. FCC said that it would do so upon receiving some guidance from Congress in this area.
► The FCC’s Wireless Telecommunications Bureau, in an Order released November 19, 1999, stated that the Commission “strongly encourage(s)” homeowner’s associations to apply the “no prohibition, reasonable accommodation, and least practicable regulation” three-part test to private land use regulation of Amateur radio antennas:
“Notwithstanding the clear policy statement that was set forth in PRB-1 excluding restrictive covenants in private contractual agreements as being outside the reach of our limited preemption …we nevertheless strongly encourage associations of homeowners and private contracting parties to follow the principle of reasonable accommodation and to apply it to any and all instances of amateur service communications where they may be involved.” Order, DA 99-2569 at ¶ 6.
► Pursuant to the Middle Class Tax Relief and Job Creation Act of 2012, the FCC conducted a study on “the uses and capabilities of Amateur Radio Service communications in emergencies and disaster relief.” It submitted to the House and Senate a Report on the findings of its study. The FCC docket proceeding created an impressive record demonstrating the severe and pervasive impact of private land use regulations on Amateur Radio emergency communications. The record in the docket proceeding justifies the even application of FCC’s balanced, limited preemption policy to all types of land use regulation of Amateur Radio antennas. The FCC said, in effect, that should Congress instruct FCC to do so, it would expeditiously extend the policy.
► Therefore, we seek cosponsors for H.R.1301, a Bill that would provide for regulatory parity and uniformity in land use regulations as they pertain to Amateur Radio communications. It would do so by applying the existing FCC “reasonable accommodation” policy formally to all types of land use regulation.
How to Contact Your Representative in the US House
The ARRL is
requesting you to contact your member in the US House of Representatives.
You can find your Congressperson's name and contact information on the ARRLWeb
at:
Remember that
regular US mail is extremely slow to reach Capitol Hill because of security
screening that takes weeks. To expedite getting your signed letter to
your Representative, you can send it to:
ARRL
– Attn: HR 1301
225
Main St
Newington,
CT 06111
Alternatively,
send it as a signed scanned / PDF attachment to reginfo@arrl.org
Congressional Outreach: DOs & DON’Ts
By Frank McCarthy,
The Keelen Group
Elected officials respond to
the concerns of the constituents and voters in their communities.
Therefore, because you are a constituent and a voter, there is no better
advocate for amateur radio in your congressional district than YOU.
Follow these points below, as
well as the legislative talking points supplied by ARRL, when conducting your
congressional outreach.
R-E-S-P-E-C-T - Whether you are in person or on the phone, be polite
and be professional. This applies whether you are meeting with a staff
member or the elected officials themselves.
Don't be discouraged if you
meet with or talk to a staff person. These young men and women are the
gateway to your federally elected officials. Like the Members of Congress
themselves, treat them with courtesy and respect.
Use “101-speak” - Most Members of Congress and their staffs are not
licensed amateur radio operators. Use layman’s terms when describing your
vocation and how the legislation will help.
Don’t Be Intimidated - There is no need to be intimidated when reaching out
to your congressional representatives. Like you and me, they put their
pants on one leg at a time. Treat them with courtesy and respect, but always
remember: you are a constituent, you are a voter, and they serve YOU!
Make a Clear Ask - Be clear with your request: you would like their
support, in the form of co-sponsorship, of H.R. 1301, the Amateur Radio Parity
Act. Stick to the talking points. There is no need to get off
topic.
Stress the Local
Significance - All politics is local:
stress how important this issue is to you and other constituents (voters) in
the district. Be sure to outline your issue in terms of how it affects you and
other constituents in the elected official’s community.
DO -
· Be respectful,
including thanking him/her for time and attention.
· Stick to the topic.
· Use layman’s terms
when discussing ham radio.
· Be clear with your
request: you would like their co-sponsorship.
· Stress local impact.
DON’T
· Be disrespectful.
· Be bossy.
· Be argumentative.
· Use ham jargon.
· Be intimidated.
You are a constituent and a voter.
Your voice matters: USE IT!!!
eof..
