Update June 10, 2016

The LIMARC Annual Spring Outdoor Hamfest that was rained out last week
is rescheduled for this Sunday, June 12th

Briarcliffe College
1055 Stewart Ave.
Bethpage, NY 11715

Doors Open at 9:00 AM to Buyers – Vendors Set Up at 7:30 AM

Amateur Radio Dealers & Equipment • Tune-Up Clinic (Get your Rig
Checked!)
Television, Computer, CB Equipment
ARRL Information
Long Island Mobile Amateur Radio Club Information
DXCC and WAS Card Checking

Talk-In on W2VL Repeater 146.850 (136.5 PL)

For more information, go to the club website: www.LIMARC.org
or contact :
Hamfest Co-Chairs at 516 694-4937
or email them at Hamfest@limarc.org
Dave AK1NS and Richie K2KNB

– – – – – – – – – – – – – – – – – – – –
ARRL and the Community Associations Institute (CAI) — the national
association of homeowners associations (HOAs) — have reached
consensus on provisions of the Amateur Radio Parity Act, H.R. 1301.
ARRL and CAI have worked intensively since February to reach agreement
on substitute language for the bill in an effort to move it through the
US House Energy and Commerce Committee and to overcome objections to the
companion US Senate bill, S. 1685. Along the way, the offices of U.S.
Representatives Adam Kinzinger (R-IL), Greg Walden, W7EQI, (R-OR), and
Anna Eshoo (D-CA) mediated and offered assistance.

ARRL Hudson Division Director and Legislative Affairs Committee
Chairman Mike Lisenco, N2YBB, called the agreement “a significant
development in the League’s 30-year pursuit to secure the ability to
erect Amateur Radio antennas in deed restricted communities.”

ARRL General Counsel Chris Imlay, W3KD, said the League was pleased to
have reached an agreement with CAI over new proposed language in this
legislation that both ARRL and CAI endorse and support. “We agree
with CAI that the substitute amendment is balanced, and we think that
this bill’s language is more objective and offers perhaps more
guidance to HOAs than would the PRB-1 ‘reasonable accommodation’
test for municipal land use regulations,” he said.

Imlay explained that ARRL did not have the final language for the
substitute amendment until late last week, and the amended bill has not
been introduced in the House as of yet. ARRL planned no announcement
about the text of the amended House bill until it was introduced.
However, because the text became available from the House Office of
Legislative Counsel, and as CAI released the text to its members, it
was decided to release the amended text now.

“The bottom line,” Imlay said, “is that if the bill is enacted,
it would allow every amateur living in a deed-restricted community —
for the first time in the history of Amateur Radio in the U.S. — the
ability to install an effective outdoor antenna.”

“That would benefit thousands of current and future hams living in
deed-restricted communities,” Lisenco added.

Imlay explained that the substitute bill would guarantee that a radio
amateur living in a deed-restricted community — including condominium
or townhouse communities — could install and maintain an “effective
outdoor antenna.” Achieving the agreement came without disrupting 30
years of zoning case law that has interpreted the PRB-1 federal
preemption and protected radio amateurs from overregulation by zoning
authorities. The bill incorporates the basic tenets of PRB-1.

According to the substitute bill’s language, the FCC would 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.
The substitute bill would prohibit deed restrictions that do not impose
the minimum practicable restriction on amateur communication to
accomplish the lawful purposes of a homeowners association (HOA)
seeking to enforce the restriction. Amateurs wishing to install an
antenna in a deed-restricted community would have to notify and obtain
prior approval of the homeowners association. HOAs would be able to
preclude the installation of antennas in common areas — ie, property
not under the licensee’s exclusive use.

The substitute measure provides that HOAs could enact reasonable
written rules governing height, location, size, and aesthetic impact of
outdoor antennas and support structures, as well as installation
requirements. Those rules could not preclude amateur communication nor
restrict the absolute entitlement of each amateur living in a
deed-restricted community to an effective outdoor antenna, however. The
amended measure reiterates the strong federal interest in Amateur Radio
communication in a licensee’s residence.

“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,” the negotiated language states. “There
exist antenna designs and installations that can be consistent with the
aesthetics and physical characteristics of land and structures in
community associations while accommodating communications in the
Amateur Radio services.”

Lisenco cautioned that getting the Amateur Radio Parity Act signed into
law still remains a long process. “Much work needs to be done,”
Lisenco said.  “ARRL will still need to call upon the entire
membership to contact their elected officials, especially in the
Senate, to ask for their affirmative vote on this bill,” he
stressed.

More 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.

——————————————————————–
ARRL Hudson Division
Director: Mike Lisenco, N2YBB
n2ybb@arrl.org


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