A bill, H.R. 4969, has been introduced in the US House of Representatives that directs the Federal Communications Commission (FCC) to extend to private land use restrictions (a.k.a. community association CC&Rs) its rule relating to reasonable accommodation of amateur service communication. If successful, the bill would prohibit community associations from precluding HAM radio communications in their community and it would require community associations to make reasonable accommodations for HAM radio equipment; including the amateur radio towers, antennas, and other external devices. To read the complete bill text of H.R. 4969, please click here.
In 2012, CAI provided comments to the Federal Communications Commission (FCC) regarding the impact of deed-based covenants on enhanced amateur radio communication as well as the use and capability of amateur radio communication during national emergencies. The FCC has expressly rejected prior petitions to set aside CC&Rs; including the petition in 2012. The FCC wrote “Since these restrictive covenants are contractual agreements between private parties, they are not generally a matter of concern to the Commission.” Further, The FCC comments in a Memorandum Opinion and Order 85-506, “…our ruling does not reach restrictive covenants in private contractual agreements. Such agreement are voluntarily entered into by the buyer or tenant when the agreement is executed and do not usually concern this Commission.” To read CAI's comment letter to the FCC, please click here.
CAI opposes H.R. 4969 and we are speaking with Members of Congress to help them understand why H.R. 4969 should not become law. Further, we will be engaging membership around the country to let members of U.S. House of Representatives know that we oppose H.R. 4969 because we support the preservation of the community association model of allowing neighbors to create reasonable rules for their neighborhoods.
H.R. 4969 was introduced on June 25, 2014, by Representative Kinzinger of Illinois and Representative Courtney from Connecticut.
For more information, please contact CAI's Government & Public Affairs Department at government@caionline.org.