,i #aafth ,,congress #ast ,session ,h4 ,r4 #dff ,,in ,,the ,,house ,,of ,,representatives ,january #aj1 #bjai,mr4 ,kinzinger 7for himself1 ,mr4 ,courtney1 and ,mr4 ,walden7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,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 restrictions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,amateur ,radio ,parity ,act of #bjai4 #b4 ,findings ,congress finds the following3 7#a7 ,more than #gcj1jjj radio amateurs in the ,united ,states are licensed by the ,federal ,communications ,commission in the amateur radio services4 7#b7 ,amateur radio1 at no cost to taxpayers1 provides a fertile ground for technical self-training in modern telecommunications1 electronics technology1 and emergency communications techniques and protocols4 7#c7 ,there is a strong ,federal interest in the effective performance of amateur stations established at the residences of licensees4 ,such stations have been shown to be frequently and increasingly precluded by unreasonable private land use restrictions1 including restrictive covenants4 7#d7 ,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 communications1 or that do not constitute the minimum practicable regulation to accomplish a legitimate ,state or local purpose4 ,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 communications4 7#e7 ,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 restrictions1 including restrictive covenants4 7#f7 ,there are aesthetic and common property considerations that are uniquely applicable to private land use regulations and the community associations obligated to enforce covenants1 conditions1 and restrictions in deed-restricted communities4 ,these considerations are dissimilar to those applicable to ,state law and local ordinances regulating the same residential amateur radio facilities4 7#g7 ,in recognition of these considerations1 a separate ,federal policy than exists at section #ig4ae7;b7 of title #dg1 ,code of ,federal ,regulations1 is warranted concerning amateur service communications in deed-restricted communities4 7#h7 ,community associations should fairly administer private land use regulations in the interest of their communities1 while nevertheless permitting the installation and maintenance of effective outdoor amateur radio antennas4 ,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 services4 #c4 ,application of private land use restrictions to amateur stations 7a7 ,amendment of ,,fcc rules ,not later than #abj days after the date of the enactment of this ,act1 the ,federal ,communications ,commission shall amend section #ig4ae of title #dg1 ,code of ,federal ,regulations1 by adding a new paragraph that prohibits the application to amateur stations of any private land use restriction1 including a restrictive covenant1 that-- 7#a7 on its face or as applied1 precludes communications in an amateur radio service2 7#b7 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 licensee2 or 7#c7 does not constitute the minimum practicable restriction on such communications to accomplish the lawful purposes of a community association seeking to enforce such restriction4 7b7 ,additional requirements ,in amending its rules as required by subsection 7a71 the ,commission shall-- 7#a7 require any licensee in an amateur radio service to notify and obtain prior approval from a community association concerning installation of an outdoor antenna2 7#b7 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 licensee2 and 7#c7 subject to the standards specified in paragraphs 7#a7 and 7#b7 of subsection 7a71 permit a community association to establish reasonable written rules concerning height1 location1 size1 and aesthetic impact of1 and installation requirements for1 outdoor antennas and support structures for the purpose of conducting communications in the amateur radio services4 #d4 ,affirmation of limited preemption of ,state and local land use regulation ,the ,federal ,communications ,commission may not change section #ig4ae7;b7 of title #dg1 ,code of ,federal ,regulations1 which shall remain applicable to ,state and local land use regulation of amateur service communications4 #e4 ,definitions ,in this ,act3 7#a7 ,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 person1 by virtue of the person's ownership of or interest in a unit or parcel1 is obligated to pay for a share of real estate taxes1 insurance premiums1 maintenance1 improvement1 services1 or other expenses related to common elements1 other units1 or any other real estate other than the unit or parcel described in the declaration4 7#b7 ,terms defined in regulations ,the terms amateur radio services1 amateur service1 and amateur station have the meanings given such terms in section #ig4c of title #dg1 ,code of ,federal ,regulations4