CAI comments on HR 1301
 

Thanks to HamRadioNow.tv and its posting in rec.radio.info (Message-ID:
) for the information about the
comments made by the Community Associations Institute (an umbrella group
for HOAs) to the House Subcommittee on Communications and Technology about
HR 1301, the Amateur Radio Parity Act. I downloaded CAI's statement from
their website (it's also available on house.gov), and I just wrote to Rep.
Anna Eshoo, who is on the full House Energy and Commerce Committee that
will next review HR 1301, and who represents my part of the San Francisco
Peninsula.

The CAI is proposing seven amendments to the bill. While some of them
look quite good, two are concerning:

3. Association authority to establish written rules concerning safety,
height, location, size, and installation requirements for external
antennas, towers, or other apparatus necessary for carrying on amateur
service communications;

4. Accommodation of the interests of all homeowners and residents,
including those of an amateur services licensee, in establishment
of any written rule related, but not limited to, sight easements,
interference with air, light, and open space, or the permitted
height of principal structures in relation to external antennas,
towers, or other apparatus necessary for carrying on amateur service
communications;


In my comments to Rep. Eshoo, I urged her to question those two proposed
amendments. ("Interference with air"--what does that even mean???) Wherever
a local (town/city/county/state) government has instituted laws/regulations
to implement PRB-1, any HOA rules, CC&Rs, etc. should copy those regulations.
If no such local guidance exists, I think HOAs should be required to consult
with the ARRL, which has decades of technical and legal experience in
integrating amateur radio antennas into communities.

Here is a full list of Energy and Commerce Committee members:

https://energycommerce.house.gov/abo...mittee-members

Even if your local House member isn't on it, you could still send
your thoughts about HR 1301 to the League for forwarding to appropriate
House members. They even suggest that you route written letters through
them:

http://www.arrl.org/amateur-radio-parity-act


Patty

CAI comments on HR 1301
 

On Sat, 13 Feb 2016 17:43:13 EST, (Patty Winter)
quoted CAI's amendments:

4. Accommodation of the interests of all homeowners and residents,
including those of an amateur services licensee, in establishment
of any written rule related, but not limited to, sight easements,
interference with air, light, and open space, or the permitted
height of principal structures in relation to external antennas,
towers, or other apparatus necessary for carrying on amateur service
communications;

This is the so-called "balancing test" that the FCC rejected in
applying the provisions of PRB-1 because it's a sneaky way of getting
around "reasonable accommodation".

Requiring written standards scares me because my experience on both
sides of a HOA as well as my experience as an attorney dealing with
communication site permit issues has shown me that any "standards" are
adversarial and always biased against the applicant. This is what the
legislation is intended to prevent.

Thank you to writing to Anna - she understands. Fortunately Greg
Walden, the subcommittee chair, also understands.


73 de K2ASP - Phil Kane
ARRL Volunteer Counsel