Any amateur radio operator who is living under a homeowner’s association, covenant, or has any other deed restriction on their property has a problem: antennas are ugly, and most HOAs outright ban everything from 2-meter whips to unobtrusive J-pole antennas.
Earlier this year, the ARRL got behind a piece of legislation called the Amateur Radio Parity Act. This proposed law would amend FCC’s Part 97 rules for amateur stations and direct, ‘Community associations to… permit the installation and maintenance of effective outdoor Amateur Radio antennas.’ This bill passed the US House without objection last September.
Last week, the Amateur Radio Parity Act died in the US Senate. Sen. Bill Nelson (D-FL), the ranking member of the Senate committee on Commerce, Science, and Transportation, refused to move the bill forward in the Senate. The ARRL has been in near constant contact with Senator Nelson’s office, but time simply ran out before the end of the 114th Congress. The legislation will be reintroduced into the 115th Congress next year.
Most new houses are part of homeowners associations, covenants, or have other restrictions on the deed that dictate what color you can paint your house, the front door, or what type of mailbox is acceptable. For amateur radio operators, that means neighbors have the legal means to remove radio antennas, whether they’re unobtrusive 2 meter whips or gigantic moon bounce arrays. Antennas are ugly, HOAs claim, and drive down property values. Thousands of amateur radio operators have been silenced on the airwaves, simply because neighbors don’t like ugly antennas.
Now, this is about to change. The US House recently passed the Amateur Radio Parity Act (H.R. 1301) to amend the FCC’s Part 97 rules of amateur stations and private land-use restrictions.
The proposed amendment provides, ““Community associations should fairly administer private land-use regulations in the interest of their communities, while nevertheless permitting the installation and maintenance of effective outdoor Amateur Radio antennas.” This does not guarantee all antennas are allowed in communities governed by an HOA; the bill simply provides that antennas, ‘consistent with the aesthetic and physical characteristics of land and structures in community associations’ may be accommodated. While very few communities would allow a gigantic towers, C-band dishes, or 160 meters of coax strung up between trees, this bill will provide for small dipoles and inconspicuous antennae.
The full text of H.R. 1301 can be viewed on the ARRL site. The next step towards making this bill law is passage through the senate, and as always, visiting, calling, mailing, faxing, and emailing your senators (in that order) is the most effective way to make views heard.