,,ii #aaith ,,congress #ast ,session ,s4 #dei ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #f 7legislative day1 ,february #e71 #bjbe,mr4 ,wicker 7for himself and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,communications ,act of #aicd to prohibit the application of certain private land use restrictions to amateur station antennas1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,amateur ,radio ,emergency ,preparedness ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,more than #ggj1jjj amateur operators in the ,united ,states are licensed by the ,federal ,communications ,commission 7in this section referred to as the ,commission7 in the amateur radio services1 and1 by treaty1 amateur operators licensed by other countries are authorized to operate within the ,united ,states4 7#b7 ,amateur radio1 in addition to providing life-saving emergency communications 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 amateur operators4 ,among other reasons1 when an emergency arises1 it can be too late1 and too dangerous1 to erect an effective antenna4 ,however1 amateur stations have been shown to be frequently and increasingly precluded by unreasonable private land use restrictions1 including restrictive covenants4 7#d7 ,commission regulations have for more than #c decades prohibited ,state and local regulation of amateur station antenna structures that precludes or fails to reasonably accommodate amateur service communications1 or that does not constitute the minimum practicable regulation to accomplish a legitimate ,state or local purpose4 ,the policy of the ,commission has been and is to require ,states and localities to permit erection of a station antenna structure at heights and dimensions sufficient to reasonably accommodate amateur service communications4 ,the ,commission struck an appropriate balance by enabling effective use of the amateur service without burdening localities and adjoining properties4 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 ,in section #bjg of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #cjc note2 ,public ,law #ajd-ajd71 ,congress provided guidance1 direction1 and authority to the ,commission by directing the ,commission to promulgate regulations that have preempted all private land use restrictions applicable to exterior communications facilities that impair the ability of citizens to receive television broadcast signals1 direct broadcast satellite services1 or multichannel multipoint distribution services1 or to transmit and receive wireless internet services4 7#g7 ,to further the public interest benefits that amateur radio brings to society1 private land use restrictions that prohibit1 restrict1 or impair amateur operators from operating1 installing1 or maintaining effective outdoor amateur station antenna structures should also be preempted4 #c4 ,application of private land use restrictions to amateur station antennas 7a7 ,in general ,part ,i of title ,,iii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cja et seq47 is amended by adding at the end the following3 #cdf4 ,application of private land use restrictions to amateur station antennas 7a7 ,definitions ,in this section3 7#a7 ,amateur operator ,the term amateur operator-- 7,a7 has the meaning given such term in section #ig4c of title #dg1 ,code of ,federal ,regulations1 or any successor regulation2 and 7,b7 includes any other person authorized to operate an amateur station in the ,united ,states4 7#b7 ,amateur station ,the term amateur station has the meaning given such term in section #ig4c of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#c7 ,antenna ,the term antenna includes-- 7,a7 the transmitting and receiving elements2 7,b7 any feedline1 control enclosures1 or electrical enclosures necessary for effective transmission or reception2 and 7,c7 any support structure1 guy wire1 anchor1 or tie-off4 7#d7 ,community association ,the term community association means-- 7,a7 a condominium association 7as defined in section #fjd of the ,condominium and ,cooperative ,abuse ,relief ,act of #aihj 7#ae ,u4,s4,c4 #cfjc772 7,b7 a cooperative association 7as defined in such section72 and 7,c7 a residential real estate management association 7as defined in section #ebh of the ,internal ,revenue ,code of #aihf74 7#e7 ,lessee ,the term lessee means a person who1 in exchange for payment-- 7,a7 takes temporary possession of residential real estate through a lease2 or 7,b7 takes possession1 in whole or in part1 by lease or purchase1 of residential real estate subject to a ground lease4 7#f7 ,private land use restriction ,the term private land use restriction means-- 7,a7 a publicly recorded provision 7whether such provision is denoted as a covenant1 deed restriction1 declaration1 use restriction1 covenant that runs with the land1 or otherwise7 that-- 7i7 touches or concerns the real estate to which the provision applies2 and 7ii7 limits or restricts the use of the real estate or imposes conditions on the use of the real estate2 or 7,b7 a rule or regulation of a community association1 whether publicly recorded or not1 that limits or restricts the use of real estate or imposes conditions on the use of real estate4 7b7 ,certain restrictions prohibited ,a private land use restriction that prohibits1 restricts1 or impairs1 or has the effect of prohibiting1 restricting1 or impairing1 an amateur operator from operating1 installing1 or maintaining any amateur station antenna on property subject to the control of the amateur operator may not be adopted or enforced1 except as permitted by subsection 7c74 7c7 ,permissible restrictions 7#a7 ,in general ,subject to paragraph 7#b71 the following private land use restrictions applicable to amateur station antennas may be adopted or enforced3 7,a7 ,a restriction that requires an amateur station antenna to be installed in compliance with the specifications of the manufacturer of the antenna1 applicable zoning ordinances1 amateur radio tower ordinances 7if any71 and governmentally adopted building codes4 7,b7 ,a restriction that requires an amateur station antenna to be maintained in a structurally safe condition4 7,c7 ,a restriction that requires any deteriorated or structurally unsafe component of an amateur station antenna to be repaired1 replaced1 or removed4 7,d7 ,a restriction that requires an amateur station antenna to be removed if the property on which the antenna is located ceases to be subject to the control of an amateur operator4 7,e7 ,a restriction that requires an amateur station antenna ground-mounted electrical enclosure1 ground-mounted control enclosure1 or guy wire anchor to be visually screened if such enclosure or anchor-- 7i7 is visible from the street faced by the dwelling2 or 7ii7 is located in an unfenced side or rear yard and is visible from an adjoining property4 7#b7 ,reasonable application and enforcement ,a private land use restriction permitted by paragraph 7#a7 shall be reasonably applied and enforced4 7d7 ,limitations on prior approval 7#a7 ,requirement not present in land records at time of purchase or lease ,a requirement in a private land use restriction for an amateur operator to obtain prior approval for the installation of an amateur station antenna may not be adopted or enforced if such requirement for prior approval was not present in the publicly recorded land records prior to the purchase or lease of the property by the amateur operator4 7#b7 ,information required for prior approval ,a private land use restriction that requires an amateur operator to submit an application for approval of an amateur station antenna prior to installation may not be adopted or enforced if the information required to be submitted as part of the application is greater or more detailed than the information required to be submitted as part of an application for any other improvement4 7#c7 ,deemed approval ,if a community association or other person authorized to enforce a private land use restriction applicable to an amateur station antenna does not approve or deny an application of an amateur operator for approval of the installation of an amateur station antenna by the day that is #de days after the date on which the application is submitted1 the application shall be deemed to be approved on the #deth day4 7#d7 ,existing approval ,if a private land use restriction requires an amateur operator to submit an application for approval of an amateur station antenna prior to installation1 after a community association or other person authorized to enforce the restriction approves the application1 no further approval of the antenna may be required1 unless there is a material change in the dimensions or structural integrity of the antenna4 7e7 ,antennas that do not require prior approval ,a requirement in a private land use restriction for an amateur operator to obtain prior approval for the installation of an amateur station antenna may not be adopted or enforced with respect to any of the following types of amateur station antennas3 7#a7 #a meter or less in diameter or diagonal measurement ,an antenna for use by an amateur operator that is less than #a meter in diameter or diagonal measurement1 or having other measurements prescribed by the ,commission4 7#b7 ,flagpole antennas ,a flagpole1 capable of dual use as a flagpole and an amateur station antenna1 not greater than #dc feet in height above ground4 7#c7 ,wire antennas ,minimally obtrusive wire antennas1 of a length necessary for the frequency of use intended4 7#d7 ,vertical antennas ,vertical antennas1 not to exceed #dc feet in height above ground1 including collapsible whip and tilt-over antennas4 7f7 ,rules of construction 7#a7 ,control of property ,for purposes of this section1 property is subject to the control of an amateur operator if the amateur operator is an owner1 lessee1 or legal resident of the property4 7#b7 ,impairment of installation1 maintenance1 or operation ,for purposes of this section1 a private land use restriction prohibits1 restricts1 or impairs the installation1 maintenance1 or operation of an amateur station antenna if the restriction-- 7,a7 unreasonably delays or prevents installation1 maintenance1 or operation of the antenna2 7,b7 unreasonably increases the costs or difficulty of installation1 maintenance1 or operation of the antenna2 or 7,c7 prevents or degrades reception or transmission of a signal acceptable to the amateur operator4 7#c7 ,limited common area 7,a7 ,in general ,for purposes of this section1 if there exists1 within the property for which a community association is responsible1 a limited common area to which an amateur operator has the right to exclude use by others1 the limited common area shall be treated as property under the control of the amateur operator4 7,b7 ,permission access ,for purposes of subparagraph 7,a71 access by a community association for roof repairs1 landscaping1 or other maintenance activities shall be treated as a permission1 or authorized access1 which does not limit or destroy the control of the amateur operator4 7g7 ,enforcement 7#a7 ,stay of enforcement ,if an action is initiated to seek a declaratory ruling from the ,commission or a court of competent jurisdiction regarding whether a private land use restriction complies with this section1 any community association or other person seeking to enforce the restriction shall suspend all enforcement efforts with respect to the restriction until a ruling in the action has become final4 7#b7 ,prohibition on accrual of penalties or other costs ,no penalty or other cost related to an amateur station antenna may accrue against an amateur operator under a private land use restriction while an action described in paragraph 7#a7 is pending to determine whether the restriction complies with this section4 7#c7 ,burden of proof 7,a7 ,regarding compliance with this section ,in any action before the ,commission or a court of competent jurisdiction involving the interpretation of any provision of this section1 the burden of demonstrating that a particular private land use restriction complies with this section shall be on the party that seeks to impose1 maintain1 or enforce the restriction4 7,b7 ,regarding violation of private land use restriction ,in any action before the ,commission or a court of competent jurisdiction to determine whether an amateur station antenna violates a private land use restriction1 the party alleging the violation bears the burden of proof4 7h7 ,private right of action ,a person harmed by a violation of this section may bring an action against the person alleged to have committed the violation in an appropriate district court of the ,united ,states without first exhausting remedies under ,state law4 7i7 ,affirmation of limited preemption of ,state and local land use regulation ,nothing in this section shall be construed to modify or otherwise limit the applicability of section #ig4ae7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 4 7b7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,federal ,communications ,commission shall promulgate regulations to implement the amendment made by subsection 7a74