This is of interest to those living in gated or HOA communities with restrictions concerning ham radio antennas and equipment.

06/26/2014

A bill with bipartisan support has been introduced in the US House of Representatives that calls on the FCC to apply the “reasonable accommodation” three-part test of the PRB-1 federal pre-emption policy to private land-use restrictions. HR.4969, the “Amateur Radio Parity Act of 2014” was introduced on June 25 at the request of the ARRL, which worked with House staffers to draft the proposed legislation. The bill’s sponsor is Rep Adam Kinzinger (R-IL). It has initial co-sponsorship from Rep Joe Courtney (D-CT). If the measure passes the 113th Congress, it would require the FCC, within 120 days of the Bill’s passage, to amend the Part 97 Amateur Service rules to apply PRB-1 coverage to include homeowners’ association regulations and deed restrictions, often referred to as “covenants, conditions, and restrictions” (CC&Rs). Presently, PRB-1 only applies to state and local zoning laws and ordinances.

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