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A bill to amend the Communications Act of 1934 to prohibit the application of certain private land use restrictions to amateur station antennas, and for other purposes.
2/7/2025, 11:56 AM
Summary of Bill S 459
The bill is designed to ensure that amateur radio operators have the ability to effectively communicate and participate in their hobby without unnecessary restrictions. By prohibiting the application of certain private land use restrictions to amateur station antennas, the bill aims to promote the continued growth and development of amateur radio in the United States.
In addition to addressing land use restrictions, the bill also includes provisions for the enforcement of these regulations and outlines penalties for violations. The bill is intended to provide clarity and protection for amateur radio operators, while also respecting the rights of property owners. Overall, Bill 119 s 459 is a bipartisan effort to support the amateur radio community and ensure that they have the necessary resources and freedoms to pursue their hobby. It is an important piece of legislation that aims to promote communication and innovation in the field of amateur radio.
Congressional Summary of S 459
Amateur Radio Emergency Preparedness Act
This 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.
