ARRL Asks FCC To Rethink Parts Of PRB-1 Petition D

The ARRL wants the FCC to declare that its limited federal preemption policy known as PRB-1 applies to amateurs who live in areas governed by deed restrictions, covenants, CC&Rs, or condominium regulations just as it does to hams regulated solely by local zoning laws. In a Petition for Reconsideration, the League has formally asked the FCC to rethink its November dismissal of a 1996 ARRL Petition for Rule Making. That petition called on the Commission to expand and clarify PRB-1. In November, the FCC said PRB-1 excludes restrictive covenants in private contracts as "outside the reach of our limited preemption," although it strongly encouraged associations of homeowners and private contracting parties to "follow the principle of reasonable accommodation" with respect to Amateur Radio. But the FCC drew the line at proposing specific rule changes to bring private restrictive covenants under the umbrella of PRB-1. In asking the FCC to rethink its November Order, the League said the FCC's disclaimer "is no longer a valid premise" and no longer accurately reflects FCC jurisdiction over private land use regulations. Since the advent of PRB-1 in 1985, the ARRL pointed out, the FCC has made it clear that it has Congressional authority to prohibit restrictive covenants that could keep property owners and even renters from installing antennas to receive TV, satellite and similar signals. The League asserts the same principle applies to Amateur Radio, in which the FCC has said it has a "strong federal interest." The League called on the FCC to clarify that PRB-1 applies to private land use regulations, leaving hams free to negotiate resonable accommodation provisions with local homeowners' associations just as they do now with governmental land use regulations. The League also asked the FCC to provide some relief from "prohibitive and excessive fees" that localities might impose on amateurs for permits and fees. The ARRL said that such costs can be "the functional equivalent of a prohibition of amateur communications" and asked the FCC to state that "excessive costs associated with land use approvals fail the 'reasonable accommodation' and 'minimum practicable restriction' tests of PRB-1."

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