Description
In 1985, the Federal Communications Commission ruled that
municipal ordinances may not unreasonably restrict or interfere with amateur
radio communications. The FCC excluded community associations from the ruling,
writing that “…our ruling herein does
not reach restrictive covenants in private contractual agreements. Such
agreements are voluntarily entered into by the buyer or tenant when the
agreement is executed and do not usually concern this Commission.â€
The Amateur Radio Parity Act of 2014 (H.R. 4969), introduced
on June 26, 2014, may invalidate
community association rules and architectural standards that govern the
installation and use of amateur radio towers and antennae. If H.R. 4969 becomes
law, homeowners who want to install a radio tower or antenna for amateur radio
use may not have to go through the architectural review process or follow
existing community guidelines.
This legislation requires FCC rules to be amended to
restrict CC&R restrictions against ham radio operators. CC&R
restrictions would be prohibited if they ban ham radio restrictions, fail to
make reasonable accommodations for licensed amateur radio operators, or do not
adopt the least restrictive means to accomplish the association’s “legitimate
purpose.†This affects, among other
things, owners’ installation of antennae.
CAI opposes unnecessary federal intervention in the operations and
governance of community associations.
Community
Associations Institute (CAI) has initiated a campaign to preserve the rights of
America’s community associations and they need your help.
Please read the message below from CAI and contact your
member of the U.S. House of Representatives today to ask them:
- Not to co-sponsor H.R.
4969 - Oppose H.R. 4969 if it
comes up for a vote
H.R.
4969 is a highly controversial federal government intervention into the basic
private contracts that establish and govern community associations without any
demonstration of a clear and compelling national interest.
H.R. 4969 requires the Federal Communications Commission (FCC) to amend its
Code of Federal Regulations to invalidate sections of community association
covenants that apply to installation of radio towers and/or antennas for
amateur radio use.
With limited exception, all community associations will be prevented from
governing installation of HAM radio towers and antennas if H.R. 4969 becomes
federal law.
CAI recognizes the importance of amateur radio
users’ assistance during a disaster or emergency. Importantly, CAI notes that
amateur radio users’ success in assisting with communications during a disaster
or emergency has not been inhibited by covenants created by neighbors in the
community associations in which they have chosen to make their home. A 2012
study by the FCC reached this conclusion, too.
The FCC has rejected five official requests by amateur radio operators to
relieve them of their contractual obligation to follow community procedures
concerning the installation of radio towers and antennas. The FCC has determined there is no compelling
national interest to warrant invalidating contractual agreements between
private citizens.
On behalf of the 65 million Americans who choose to live in their community associations,
CAI must oppose H.R. 4969 to preserve the model of community allowing neighbors
elected by neighbors to create and enforce covenants for the betterment of the
community as a whole.
Please
act today! Contact your member of the U.S. House of
Representatives and use the template we’ve provided or draft your own message to
urge your member of Congress to oppose H.R. 4969. Click here to use the template.
With your support, CAI members will continue creating communities in America
that are preferred places to call home.
