Amateur Radio Emergency Preparedness Act
Amateur Radio Emergency Preparedness Act
Plain Language Summary
# Amateur Radio Emergency Preparedness Act - Summary **What It Does:** This bill would limit homeowners' associations and other private organizations from blocking amateur radio operators from installing antennas on their own property. Currently, many HOAs and similar groups have rules that restrict or prohibit antenna installation. Under this bill, such restrictions would be prohibited if they unreasonably delay antenna installation, make it significantly more difficult or expensive, or prevent radio operators from effectively sending and receiving signals. However, the bill would still allow restrictions requiring antennas to be safely maintained and installed according to manufacturer guidelines. **Who It Affects:** The bill primarily affects amateur radio operators (also called "ham radio" enthusiasts) who own property in areas governed by homeowners' associations or similar private land-use restrictions.
It also affects HOAs and similar organizations that currently enforce antenna restrictions. The bill assumes amateur radio has value for emergency preparedness and communications during disasters. **Current Status:** The bill was introduced in the 119th Congress by Senator Roger Wicker (R-MS) and is currently in committee, meaning it has not yet been voted on by the full Senate. No further action has been taken at this time.
CRS Official Summary
Amateur Radio Emergency Preparedness ActThis bill limits the adoption and enforcement of private land use restrictions (e.g., rules of a homeowners' association) that prohibit, restrict, or impair the installation, maintenance, or operation of an amateur station antenna on property controlled by an amateur radio operator.Private land use restrictions are deemed to prohibit, restrict, or impair the installation, maintenance, or operation of an amateur station antenna if they unreasonably delay, prevent, or increase the cost or difficulty of such installation, maintenance, or operation; or if they prevent or degrade the reception or transmission of a signal acceptable to the operator. However, the bill permits certain private land use restrictions, including restrictions that require amateur station antennas (1) to be maintained in a structurally safe condition; or (2) to be installed in compliance with manufacturer specifications, applicable zoning ordinances, amateur radio tower ordinances, and building codes. The bill also establishes certain limits on the adoption and enforcement of private land use restrictions that require an amateur radio operator to obtain prior approval before installing an amateur station antenna, and exempts certain categories of amateur station antenna from prior approval requirements altogether. Finally, the bill sets forth procedures for the enforcement of these provisions and provides a private right of action for individuals harmed by violations of the provisions.
Latest Action
Read twice and referred to the Committee on Commerce, Science, and Transportation.