I just wrote a letter to my congressman, Rep. Marlin Stutzman (R-Ind.-3rd) to request his support of a bill in Congress that would make it easier for amateur radio operators like me to provide service to the general public, including through the National Weather Service SKYWARN program.
HR 4969 – the “Amateur Radio Parity Act of 2014” would direct the FCC to extend the “reasonable accommodation” provisions for amateur radio antennas to include all types of land-use regulation, including deed restrictions and restrictive covenants.
If enacted, HR 4969 would direct the FCC to extend the reasonable accommodation protections to those amateurs who live in deed-restricted communities. Known as “CC&Rs” (covenants, conditions and restrictions), these are the prohibitions and limitations placed on properties by builders or home-owner associations (HOAs) which prevent licensed amateur radio operators from erecting even modest antennas.
Below is the letter about HR 4969 that I sent today to Rep. Stutzman via the American Radio Relay League.
August 12, 2014
Rep. Marlin Stutzman
1728 Longworth HOB
Washington, DC 20515
Dear Representative Stutzman:
As a constituent and a federally-licensed Amateur Radio operator in the Third District, I am writing asking that you support HR 4969 – The Amateur Radio Parity Act of 2014 – and request that you become a co-sponsor of this legislation.
I have frequently used my Amateur Radio station to provide service to fellow citizens of the Third District, the State of Indiana and other parts of our nation. For example, I am very active in the SKYWARN program of the U.S. National Weather Service (NWS) and use my station to relay to the NWS crucial reports of severe weather that help the NWS decide when and where to issue warnings. I have also used my station to provide communications support after disasters such as tornadoes and hurricanes.
My wife and I have just entered the market for a new home, because we hope to relocate closer to the IPFW campus, where she teaches. We quickly discovered that many neighborhoods close to the campus have restrictive covenants that would prohibit me from erecting even a limited antenna system that would allow me to continue my public service activities. Of neighborhoods that don’t have such deed restrictions, many are older and lack the quality of home we desire.
Thus, restrictive covenants might force me to abandon my Amateur Radio activity and the public service I have been providing.
For more than 30 years, the FCC and Congress have repeatedly acknowledged the “strong Federal interest” in effective Amateur Radio communications. The FCC found that municipalities often unreasonably restricted Amateur Radio antennas in residential areas. In its declaratory ruling now codified at 47 C.F.R. §97.15(b) – the FCC determined that:
“Except as otherwise provided herein, a station antenna structure may be erected at heights and dimensions sufficient to accommodate amateur service communications. (State and local regulation of a station antenna structure must not preclude amateur service communications. Rather, it must reasonably accommodate such communications and must constitute the minimum practicable regulation to accomplish the state or local authority’s legitimate purpose.”
HR 4969 will extend limited reasonable accommodation provisions to include all types of land use regulations, including preclusive homeowner’s association regulations and restrictive covenants. The FCC has jurisdiction to provide these protections when there is a conflict with federal policy. This was established when, at Congress’ instructions, it enacted regulations that preempted municipal and private land use regulation over satellite dish antennas and television broadcast receive antennas in residences.
HR 4969 will provide a basis for radio Amateurs to negotiate reasonable accommodation for at least minimal outdoor Amateur Radio antennas with their homeowners’ associations. This legislation is critically important to me and to the hundreds of other federally licensed Amateur Radio operators residing in the Third District. Please sign-on as a co-sponsor of HR 4969.
Sincerely,
Jay M. Farlow
Fort Wayne, Ind.
Operator, Amateur Radio Station W9LW