News broke this week that the ARRL and the Community Associations Institute (CAI) have reached an agreement on the wording of the Amateur Radio Parity Act, H.R. 1301. Complete information on the Amateur Radio Parity Act, including a copy of the complete substitute amendment agreed to by ARRL and CAI, is available on the ARRL website.
This really is a big win for the ARRL and amateur radio, imho. The new wording directs the FCC to enact rules prohibiting the application of deed restrictions that preclude amateur radio communication on their face or as applied. Also prohibited would be deed restrictions that do not permit an amateur radio operator living in a deed-restricted community to install and maintain an effective outdoor antenna on property under the licensee’s exclusive use or control.
While this agreement does not guarantee passage of the bill, it certainly makes it a lot easier.
It is interesting to contrast the ARRL version of the story with the CAI version. For example, the ARRL calls the CAI “the national association of homeowners associations (HOAs),” while the CAI story calls the ARRL “ the lobbying group for amateur radio operators.” The CAI story also notes, “The compromise was reached out of necessity as H.R. 1301 was gaining momentum with 126 co-sponsors in the House of Representatives supporting the legislation under the guise that the bill is necessary to ensure critical amateur radio communications during a local disaster.” That certainly sounds like sour grapes to me.
Good on the ARRL!!!
Frankly, I think “effective outdoor antenna” is much more specific and testable than “reasonable accommodations”. I call that a win for the radio amateur community.
One thing I find troubling in the new wording is the idea that the area where the antenna is located must under the exclusive control of the ham. I’m sure the intent was to prevent installations in the complex swimming pool or commons room areas, but in condos and apartment complexes, your front and back yard don’t necessarily belong exclusively to you, since it is maintained by the complex and essentially shared with your neighbors.
For single family dwellings in subdivisions, I don’t see much of an issue over this, but for condos and apartments/townhouses I can see problems looming ahead.