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Author Topic: New Language for the "Wireless Freedom Act"  (Read 570 times)
KN6SD
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Posts: 151




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« on: November 04, 2017, 06:17:38 PM »

I have cleaned up some of the language and sent it to my Congresswoman and U.S. Senators:

    Homeowners Wireless Freedom Act of 2018
                    
AN ACT

To direct the Federal Communications Commission to amend its rules so as to prohibit the application to all Wireless Communications Devices of certain private land use restrictions, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Homeowners Wireless Freedom Act of 2018”.

SEC. 2. FINDINGS.

Congress finds the following:

(1) In 2016, there were about 125.82 million households in the United States. According to the U.S. Census Bureau, a household consists of all the people who occupy a housing unit. Of the 125.82 million household it is estimated that 60 million homes have private land use restrictions that preclude or restrict the use of wireless communications devices.

(2)  The Federal Communications Commission (FCC) regulates radio frequency (RF) devices contained in electronic-electrical products that are capable of emitting radio frequency energy by radiation, conduction, or other means.

(3) Wireless Communication Devices provide homeowners with a means to aid other homeowners or call for help when the standard communication paths are unavailable or destroyed. Such devices have been shown to be frequently and increasingly precluded by unreasonable private land use restrictions, including restrictive covenants.

(4) The Federal Communications Commission has sought guidance and direction from Congress with respect to the application of the Commission’s limited preemption policy regarding Wireless Communications to private land use restrictions, including restrictive covenants.

SEC. 3. ACCOMMODATION OF WIRELESS COMMUNICATIONS DEVICES.

Not later than 120 days after the date of the enactment of this Act, the Federal Communications Commission shall amend the Code of Federal Regulations, so that such applicable section(s) prohibits application to Wireless Communications Devices of any private land use restriction, including a restrictive covenant, that—

(1) precludes such communications;

(2) fails to reasonably accommodate such communications; or

(3) does not constitute the minimum practicable restriction on such communications to accomplish the legitimate purpose of the private entity seeking to enforce such restriction.

SEC. 4. DEFINITIONS:

   In this Act:

(1)   WIRELESS COMMUNICATIONS DEVICE. —The term “Wireless Communications Device” means any Two-Way or One-Way Radio Service licensed or unlicensed by the Federal Communications Commission that allows a Citizen to communicate without the local or national telecommunications infrastructure.

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K1ZJH
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Posts: 3297




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« Reply #1 on: November 04, 2017, 06:34:59 PM »

Can you back those numbers with facts?

And I think you are trying to paint too wide a swath.

Accommodating a few thousand hams is one thing, but including everything from
cell phones to Life Alert bracelets may end up backfiring on you.

Pete
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KN6SD
Member

Posts: 151




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« Reply #2 on: November 04, 2017, 07:05:54 PM »

According to CAI, they have over 60 million happy customers...... All of their customers are CC&R'd to death...
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KN6SD
Member

Posts: 151




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« Reply #3 on: November 04, 2017, 07:06:34 PM »

Please sign my Charge.org petition at https://www.change.org/p/russell-w-brill-homeowners-wireless-freedom-act?recruiter=688534022&utm_source=share_petition&utm_medium=copylink&utm_campaign=share_petition

Thank you...
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K1ZJH
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Posts: 3297




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« Reply #4 on: November 04, 2017, 07:18:17 PM »

But, based on your broad definition of wireless communications devices they will blow that claim of all 60 million being adversely affected right out of the water.

Pete
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KN6SD
Member

Posts: 151




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« Reply #5 on: November 04, 2017, 07:29:29 PM »

CAI blows a lot of, um, you know.... But the 60 million figure comes from them, and I'm not arguing their numbers...

And concerning the Definition of "Wireless Communications Device" in the "Homeowners Wireless Freedom Act of 2018" it was meant to be very broad so it will cover current and future technology...

Please sign the Petition...... Thanks
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N4UM
Member

Posts: 591




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« Reply #6 on: November 06, 2017, 10:50:19 AM »

I just signed the petition and passed the link on to several other hams.  It far more acceptable to me that the currently unacceptable "Parity Act" sell out.


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