AG26
QST de W1AW  
ARRL Bulletin 26  ARLB026
>From ARRL Headquarters  
Newington CT  December 24, 2022
To all radio amateurs 

SB QST ARL ARLB026
ARLB026 Rep. Bill Johnson Introduces Bill to Eliminate Private Land
Use Restrictions on Amateur Radio

Congressman Bill Johnson (OH-6) introduced a bill in the U.S. House
of Representatives (H.R.9670) on Thursday, December 22, 2022, to
eliminate private land use restrictions that prohibit, restrict, or
impair the ability of an Amateur Radio Operator from operating and
installing amateur station antennas on property subject to the
control of the Amateur Radio Operator.

The exponential growth of communities subject to private land use
restrictions that prohibit both the operation of Amateur Radio and
the installation of amateur station antennas has significantly
restricted the growth of the Amateur Radio Service. These
restrictions are pervasive in private common interest residential
communities such as single-family subdivisions, condominiums,
cooperatives, gated communities, master-planned communities, planned
unit developments, and communities governed by community
associations. The restrictions have particularly impacted the
ability of Amateur Radio to fulfill its statutorily mandated duty of
serving as a voluntary noncommercial emergency communications
service.

Congress in 1996 directed the Federal Communications Commission
(FCC) to promulgate regulations (Public Law 104-104, title II,
section 207, 110 Stat. 114; 47 U.S.C. 303 note) that have preempted
all private land use restrictions applicable to exterior
communications facilities that impair the ability of citizens to
receive television broadcast signals, direct broadcast satellite
services, or multichannel multipoint distribution services, or to
transmit and receive wireless internet services. ARRL attempts to
obtain similar relief for Amateur Radio were rejected by the FCC
with a statement such relief would have to come from Congress.

ARRL Legislative Advocacy Committee Chairman John Robert Stratton,
N5AUS, noted that Congress, in 1994 by Joint Resolution,
S.J.Res.90/H.J.Res.199, declared that regulations at all levels of
government should facilitate and encourage the effective operation
of Amateur Radio from residences as a public benefit. He continued
by stating that 'H.R.9670, the Amateur Radio Emergency Preparedness
Act, is intended to fulfill that mandate and preserve the ability of
Amateur Radio Operators to continue to serve as a key component of
American critical communications infrastructure.'

ARRL President Rick Roderick, K5UR, and Mr. Stratton both extended
on behalf of the ARRL, its Members, and the Amateur Radio community
their thanks and appreciation for the leadership of Rep. Johnson in
his tireless efforts to support and protect the rights of all
Amateur Radio Operators.

The full text of the bill in PDF format is available online at,
https://www.arrl.org/files/file/HR9670/HR9670-Amateur-Radio-Emergency-Preparedness-Act.pdf
.