I 118TH CONGRESS 1ST SESSION H. R. 4006 To amend the Communications Act of 1934 to prohibit the application of certain private land use restrictions to amateur station antennas, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 12, 2023 Mr. JOHNSON of Ohio (for himself and Mr. COURTNEY) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to prohibit the application of certain private land use restrictions to amateur station antennas, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Amateur Radio Emer- 4 gency Preparedness Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) More than 770,000 amateur operators in 8 the United States are licensed by the Federal Com- 9 VerDate Sep 11 2014 22:23 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4006.IH H4006 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 4006 IH munications Commission (in this section referred to 1 as the ‘‘Commission’’) in the amateur radio services, 2 and, by treaty, amateur operators licensed by other 3 countries are authorized to operate within the 4 United States. 5 (2) Amateur radio, in addition to providing life- 6 saving emergency communications at no cost to tax- 7 payers, provides a fertile ground for technical self- 8 training in modern telecommunications, electronics 9 technology, and emergency communications tech- 10 niques and protocols. 11 (3) There is a strong Federal interest in the ef- 12 fective performance of amateur stations established 13 at the residences of amateur operators. Among other 14 reasons, when an emergency arises, it can be too 15 late, and too dangerous, to erect an effective an- 16 tenna. However, amateur stations have been shown 17 to be frequently and increasingly precluded by un- 18 reasonable private land use restrictions, including re- 19 strictive covenants. 20 (4) Commission regulations have for more than 21 3 decades prohibited State and local regulation of 22 amateur station antenna structures that precludes 23 or fails to reasonably accommodate amateur service 24 communications, or that does not constitute the min- 25 VerDate Sep 11 2014 22:23 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4006.IH H4006 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 4006 IH imum practicable regulation to accomplish a legiti- 1 mate State or local purpose. The policy of the Com- 2 mission has been and is to require States and local- 3 ities to permit erection of a station antenna struc- 4 ture at heights and dimensions sufficient to reason- 5 ably accommodate amateur service communications. 6 The Commission struck an appropriate balance by 7 enabling effective use of the amateur service without 8 burdening localities and adjoining properties. 9 (5) The Commission has sought guidance and 10 direction from Congress with respect to the applica- 11 tion of the Commission’s limited preemption policy 12 regarding amateur service communications to private 13 land use restrictions, including restrictive covenants. 14 (6) In 1996, Congress provided guidance, direc- 15 tion, and authority to the Commission by directing 16 the Commission to promulgate regulations (Public 17 Law 104–104, title II, section 207, 110 Stat. 114; 18 47 U.S.C. 303 note) that have preempted all private 19 land use restrictions applicable to exterior commu- 20 nications facilities that impair the ability of citizens 21 to receive television broadcast signals, direct broad- 22 cast satellite services, or multichannel multipoint 23 distribution services, or to transmit and receive wire- 24 less internet services. 25 VerDate Sep 11 2014 22:23 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4006.IH H4006 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 4006 IH (7) To further the public interest benefits that 1 amateur radio brings to society, private land use re- 2 strictions that prohibit, restrict, or impair amateur 3 operators from operating, installing, or maintaining 4 effective outdoor amateur station antenna structures 5 should also be preempted. 6 SEC. 3. APPLICATION OF PRIVATE LAND USE RESTRIC- 7 TIONS TO AMATEUR STATION ANTENNAS. 8 (a) IN GENERAL.—Part I of title III of the Commu- 9 nications Act of 1934 (47 U.S.C. 301 et seq.) is amended 10 by adding at the end the following: 11 ‘‘SEC. 346. APPLICATION OF PRIVATE LAND USE RESTRIC- 12 TIONS TO AMATEUR STATION ANTENNAS. 13 ‘‘(a) IN GENERAL.—A private land use restriction 14 that prohibits, restricts, or impairs, or has the effect of 15 prohibiting, restricting, or impairing, an amateur operator 16 from operating, installing, or maintaining any amateur 17 station antenna on property subject to the control of the 18 amateur operator may not be adopted or enforced, except 19 as permitted by subsection (b). 20 ‘‘(b) PERMISSIBLE RESTRICTIONS.— 21 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 22 the following private land use restrictions applicable 23 to amateur station antennas may be adopted or en- 24 forced: 25 VerDate Sep 11 2014 22:23 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4006.IH H4006 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 4006 IH ‘‘(A) A restriction that requires an ama- 1 teur station antenna to be installed in compli- 2 ance with the specifications of the manufacturer 3 of the antenna, applicable zoning ordinances, 4 amateur radio tower ordinances (if any), and 5 governmentally adopted building codes. 6 ‘‘(B) A restriction that requires an ama- 7 teur station antenna to be maintained in a 8 structurally safe condition. 9 ‘‘(C) A restriction that requires any dete- 10 riorated or structurally unsafe component of an 11 amateur station antenna to be repaired, re- 12 placed, or removed. 13 ‘‘(D) A restriction that requires an ama- 14 teur station antenna to be removed if the prop- 15 erty on which the antenna is located ceases to 16 be subject to the control of an amateur oper- 17 ator. 18 ‘‘(E) A restriction that requires an ama- 19 teur station antenna ground-mounted electrical 20 enclosure, ground-mounted control enclosure, or 21 guy wire anchor to be visually screened if such 22 enclosure or anchor— 23 ‘‘(i) is visible from the street faced by 24 the dwelling; or 25 VerDate Sep 11 2014 22:23 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4006.IH H4006 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 4006 IH ‘‘(ii) is located in an unfenced side or 1 rear yard and is visible from an adjoining 2 property. 3 ‘‘(2) REASONABLE APPLICATION AND ENFORCE- 4 MENT.—A private land use restriction permitted by 5 paragraph (1) shall be reasonably applied and en- 6 forced. 7 ‘‘(c) LIMITATIONS ON PRIOR APPROVAL.— 8 ‘‘(1) REQUIREMENT NOT PRESENT IN LAND 9 RECORDS AT TIME OF PURCHASE OR LEASE.—A re- 10 quirement in a private land use restriction for an 11 amateur operator to obtain prior approval for the in- 12 stallation of an amateur station antenna may not be 13 adopted or enforced if such requirement for prior 14 approval was not present in the publicly recorded 15 land records prior to the purchase or lease of the 16 property by the amateur operator. 17 ‘‘(2) INFORMATION REQUIRED FOR PRIOR AP- 18 PROVAL.—A private land use restriction that re- 19 quires an amateur operator to submit an application 20 for approval of an amateur station antenna prior to 21 installation may not be adopted or enforced if the in- 22 formation required to be submitted as part of the 23 application is greater or more detailed than the in- 24 VerDate Sep 11 2014 22:23 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4006.IH H4006 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 4006 IH formation required to be submitted as part of an ap- 1 plication for any other improvement. 2 ‘‘(3) DEEMED APPROVAL.—If a community as- 3 sociation or other person authorized to enforce a pri- 4 vate land use restriction applicable to an amateur 5 station antenna does not approve or deny an appli- 6 cation of an amateur operator for approval of the in- 7 stallation of an amateur station antenna by the day 8 that is 45 days after the date on which the applica- 9 tion is submitted, the application shall be deemed to 10 be approved on the 45th day. 11 ‘‘(4) EXISTING APPROVAL.—If a private land 12 use restriction requires an amateur operator to sub- 13 mit an application for approval of an amateur sta- 14 tion antenna prior to installation, after a community 15 association or other person authorized to enforce the 16 restriction approves the application, no further ap- 17 proval of the antenna may be required, unless there 18 is a material change in the dimensions or structural 19 integrity of the antenna. 20 ‘‘(d) ANTENNAS THAT DO NOT REQUIRE PRIOR AP- 21 PROVAL.—A requirement in a private land use restriction 22 for an amateur operator to obtain prior approval for the 23 installation of an amateur station antenna may not be 24 VerDate Sep 11 2014 22:23 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4006.IH H4006 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 4006 IH adopted or enforced with respect to any of the following 1 types of amateur station antennas: 2 ‘‘(1) 1 METER OR LESS IN DIAMETER OR DI- 3 AGONAL MEASUREMENT.—An antenna for use by an 4 amateur operator that is less than 1 meter in diame- 5 ter or diagonal measurement, or having other meas- 6 urements prescribed by the Commission. 7 ‘‘(2) FLAGPOLE ANTENNAS.—A flagpole, capa- 8 ble of dual use as a flagpole and an amateur station 9 antenna, not greater than 43 feet in height above 10 ground. 11 ‘‘(3) WIRE ANTENNAS.—Minimally obtrusive 12 wire antennas, of a length necessary for the fre- 13 quency of use intended. 14 ‘‘(4) VERTICAL ANTENNAS.—Vertical antennas, 15 not to exceed 43 feet in height above ground, includ- 16 ing collapsible whip and tilt-over antennas. 17 ‘‘(e) RULES OF CONSTRUCTION.— 18 ‘‘(1) CONTROL OF PROPERTY.—For purposes of 19 this section, property is subject to the control of an 20 amateur operator if the amateur operator is an 21 owner, lessee, or legal resident of the property. 22 ‘‘(2) IMPAIRMENT OF INSTALLATION, MAINTE- 23 NANCE, OR OPERATION.—For purposes of this sec- 24 tion, a private land use restriction prohibits, re- 25 VerDate Sep 11 2014 22:23 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4006.IH H4006 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 4006 IH stricts, or impairs the installation, maintenance, or 1 operation of an amateur station antenna if the re- 2 striction— 3 ‘‘(A) unreasonably delays or prevents in- 4 stallation, maintenance, or operation of the an- 5 tenna; 6 ‘‘(B) unreasonably increases the costs or 7 difficulty of installation, maintenance, or oper- 8 ation of the antenna; or 9 ‘‘(C) prevents or degrades reception or 10 transmission of a signal acceptable to the ama- 11 teur operator. 12 ‘‘(3) LIMITED COMMON AREA.— 13 ‘‘(A) IN GENERAL.—For purposes of this 14 section, if there exists, within the property for 15 which a community association is responsible, a 16 limited common area to which an amateur oper- 17 ator has the right to exclude use by others, the 18 limited common area shall be treated as prop- 19 erty under the control of the amateur operator. 20 ‘‘(B) PERMISSION ACCESS.—For purposes 21 of subparagraph (A), access by a community 22 association for roof repairs, landscaping, or 23 other maintenance activities shall be treated as 24 a permission, or authorized access, which does 25 VerDate Sep 11 2014 22:23 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4006.IH H4006 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 4006 IH not limit or destroy the control of the amateur 1 operator. 2 ‘‘(f) ENFORCEMENT.— 3 ‘‘(1) STAY OF ENFORCEMENT.—If an action is 4 initiated to seek a declaratory ruling from the Com- 5 mission or a court of competent jurisdiction regard- 6 ing whether a private land use restriction complies 7 with this section, any community association or 8 other person seeking to enforce the restriction shall 9 suspend all enforcement efforts with respect to the 10 restriction until a ruling in the action has become 11 final. 12 ‘‘(2) PROHIBITION ON ACCRUAL OF PENALTIES 13 OR OTHER COSTS.—No penalty or other cost related 14 to an amateur station antenna may accrue against 15 an amateur operator under a private land use re- 16 striction while an action described in paragraph (1) 17 is pending to determine whether the restriction com- 18 plies with this section. 19 ‘‘(3) BURDEN OF PROOF.— 20 ‘‘(A) REGARDING COMPLIANCE WITH THIS 21 SECTION.—In any action before the Commis- 22 sion or a court of competent jurisdiction involv- 23 ing the interpretation of any provision of this 24 section, the burden of demonstrating that a 25 VerDate Sep 11 2014 22:23 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4006.IH H4006 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 4006 IH particular private land use restriction complies 1 with this section shall be on the party that 2 seeks to impose, maintain, or enforce the re- 3 striction. 4 ‘‘(B) REGARDING VIOLATION OF PRIVATE 5 LAND USE RESTRICTION.—In any action before 6 the Commission or a court of competent juris- 7 diction to determine whether an amateur sta- 8 tion antenna violates a private land use restric- 9 tion, the party alleging the violation bears the 10 burden of proof. 11 ‘‘(g) PRIVATE RIGHT OF ACTION.—A person harmed 12 by a violation of this section may bring an action against 13 the person alleged to have committed the violation in an 14 appropriate district court of the United States without 15 first exhausting remedies under State law. 16 ‘‘(h) AFFIRMATION OF LIMITED PREEMPTION OF 17 STATE AND LOCAL LAND USE REGULATION.—Nothing in 18 this section shall be construed to modify or otherwise limit 19 the applicability of section 97.15(b) of title 47, Code of 20 Federal Regulations, or any successor regulation. 21 ‘‘(i) DEFINITIONS.—In this section: 22 ‘‘(1) AMATEUR OPERATOR.—The term ‘amateur 23 operator’— 24 VerDate Sep 11 2014 22:23 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4006.IH H4006 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 4006 IH ‘‘(A) has the meaning given such term in 1 section 97.3 of title 47, Code of Federal Regu- 2 lations, or any successor regulation; and 3 ‘‘(B) includes any other person authorized 4 to operate an amateur station in the United 5 States. 6 ‘‘(2) AMATEUR STATION.—The term ‘amateur 7 station’ has the meaning given such term in section 8 97.3 of tit [Text truncated for display. 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