This has already been done with my Senator, Roger Wicker (R-MS), as I was able to get it pulled from the intended Subcommittee markup session that the ARRL wanted it to go to. Sen Nelson (D-FL) wanted even more concessions so it was bound to get worse than even the last formal version.
At this point I think hams would do well contacting the bill's sponsors and expressing their concerns.
It might be best to work on a sympathetic ear and reintroduce an amended version next year. It is
obvious this bill isn't going to pass, no matter how ground the ARRL concedes. When is Nelson going
to retire, if ever?
Pete
Let's pitch a broader law that allows not just Hams an ability to communicate from CC&R'd properties, but any homeowner that wishes to take advantage of the Personal Wireless Services that are currently available to all Citizens.
Here my Curve Ball I pitched to ARRL:
Gentlemen,
I have attached (see below) my idea for getting relief from restrictive CC&R's and HOA's. It will need some Legal tweaking, but I believe we need to approach the pre-emptive language in a way the can benefit all American Homeowners that wish to have communications options. Why should a homeowner only have amateur radio as an option? Why not offer GMRS, FRS, and yes, even CB? The more we make it all about Ham Radio, the more we look like another special interest trying to pull a fast one.
Right now millions of homeowners must choose between a landline or cell phone as their means of communication. The CC&R's and HOA Board do not allow any other options, so the citizen is dependent on one of those two paths working. Why would Government allow a private entity the authority to lock out millions of potential users from existing radio services that are FREE to the average citizen?
The words "Option and Choice" are powerful words that can make a Politician think twice about opposing a piece of Legislation. The more people you offer the "Choice" to, the more VOTERS a Politician denies that choice if they kill the bill.
I believe we need to include all Radio Services that are offered by the Federal Government as "Option #3" for any citizen that wishes to take advantage of them.
Just my 1/2 cent idea...
73,
Russ Brill
KN6SD
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 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) There is a strong Federal interest in the effective performance of Wireless Communications Devices established at residences. Wireless Communication Devices may 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 Radio Service licensed or unlicensed by the Federal Communications Commission that may allow a Citizen to communicate without the local or national telecommunications infrastructure. This Definition does not include Commercial Radio & Television Broadcast Transmitters and Antenna(s).