Regulatory & Advocacy

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ARRL Bulletin 11 ARLB011
From ARRL Headquarters
Newington CT June 14, 2023
To all radio amateurs

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ARLB011 Legislation to Remove Private Land Use Restrictions on Amateur Radio Introduced in Congress

Congressmen Bill Johnson (OH-06) and Joe Courtney (CT-02) reintroduced a bill in the US House of Representatives on June 12 – H.R.4006 – to remove private land use restrictions that prohibit, restrict, or impair the ability of Amateur Radio operators from operating and installing reasonable antennas on property that they own or control. Similar legislation, H.R. 9670, was introduced by Congressman Johnson in 2022.

The full text of the bill can be found in PDF format at, https://billjohnson.house.gov/uploadedfiles/amateur_radio_emergency_preparedness_act_signed_bill_text.pdf

“I reintroduced the Amateur Radio Emergency Preparedness Act to remove barriers to disaster and emergency communications and training, and to promote education in STEM subjects related to critically needed wireless technology,” Congressman Johnson said in a release. “Passage of this bill will promote developing and sustaining our nation’s wireless future and facilitate and encourage amateur radio operations as a public benefit.”

“As their actions during recent natural disasters such as Hurricane Sandy proved, amateur radio operators in Connecticut can be a critical component of disaster response and emergency management. It is in our communities’ best interest that we give them the capabilities to operate at the highest level, and with the re-introduction of this bill, we’ve taken a strong step in that direction,” said Congressman Courtney.

The exponential growth of communities bound by private land use restrictions that prohibit both the operation of Amateur Radio and the installation of amateur station antennas has significantly restricted the growth of the Amateur Radio Service.

The ARRL continues its multi-year efforts to eliminate private land use restrictions that prevent Amateur Radio operations and has pledged to strongly support Congressman Johnson and Congressman Courtney in their efforts on behalf of Amateur Radio.

Rick Roderick, K5UR, President of ARRL, on behalf its Members and America’s Amateur Radio community extended his thanks and appreciation for the leadership of Congressman Johnson and Congressman Courtney in their tireless efforts to support and protect the rights of all Amateur Radio Operators and to further STEM education and the advancement of American expertise in wireless technology.

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ARRL Bulletin 26  ARLB026
From ARRL Headquarters 
Newington CT  December 24, 2022
To all radio amateurs

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ARLB026 Rep. Bill Johnson Introduces Bill to Eliminate Private Land Use Restrictions on Amateur Radio

Congressman Bill Johnson (OH-6) introduced a bill in the U.S. House of Representatives (H.R.9670) on Thursday, December 22, 2022, to eliminate private land use restrictions that prohibit, restrict, or impair the ability of an Amateur Radio Operator from operating and installing amateur station antennas on property subject to the control of the Amateur Radio Operator.

The exponential growth of communities subject to private land use restrictions that prohibit both the operation of Amateur Radio and the installation of amateur station antennas has significantly restricted the growth of the Amateur Radio Service. These restrictions are pervasive in private common interest residential communities such as single-family subdivisions, condominiums, cooperatives, gated communities, master-planned communities, planned unit developments, and communities governed by community associations. The restrictions have particularly impacted the ability of Amateur Radio to fulfill its statutorily mandated duty of serving as a voluntary noncommercial emergency communications service.

Congress in 1996 directed the Federal Communications Commission (FCC) to promulgate regulations (Public Law 104-104, title II, section 207, 110 Stat. 114; 47 U.S.C. 303 note) that have preempted all private land use restrictions applicable to exterior communications facilities that impair the ability of citizens to receive television broadcast signals, direct broadcast satellite services, or multichannel multipoint distribution services, or to transmit and receive wireless internet services. ARRL attempts to obtain similar relief for Amateur Radio were rejected by the FCC with a statement such relief would have to come from Congress.

ARRL Legislative Advocacy Committee Chairman John Robert Stratton, N5AUS, noted that Congress, in 1994 by Joint Resolution, S.J.Res.90/H.J.Res.199, declared that regulations at all levels of government should facilitate and encourage the effective operation of Amateur Radio from residences as a public benefit. He continued by stating that “H.R.9670, the Amateur Radio Emergency Preparedness Act, is intended to fulfill that mandate and preserve the ability of Amateur Radio Operators to continue to serve as a key component of American critical communications infrastructure.”

ARRL President Rick Roderick, K5UR, and Mr. Stratton both extended on behalf of the ARRL, its Members, and the Amateur Radio community their thanks and appreciation for the leadership of Rep. Johnson in his tireless efforts to support and protect the rights of all Amateur Radio Operators.

The full text of the bill in PDF format is available online at, https://www.arrl.org/files/file/HR9670/HR9670-Amateur-Radio-Emergency-Preparedness-Act.pdf

From ARRL News:

(Updated 5/9/2022) – The ARRL Volunteer Examiner Coordinator (VEC) reports that the FCC Universal Licensing System (ULS) electronic batch filing (EBF) system is back online and functioning normally. A message sent by the FCC ULS EBF Team to VECs explains that the technical issues with ULS EBF filing are resolved, and that VECs may resume submitting files containing amateur radio license applications. ARRL VEC has submitted most of the backlog of its files for applications processed on, or after, April 27, and expects to have all of the backlog submitted by the end of the day (May 9).

Phil Duggan, N1EP, writes in the April, 2022 issue of Signals Downeast:

The antenna farm pictured here is right adjacent to RT-1 in Jonesboro. This upset many locals who wanted to ban or severely restrict amateur radio antennas and support structures via a proposed ordinance. A public hearing was held on March 25 and Maine Section Manager Phil Duggan, N1EP, and Peter Stackpole, N1MLE, informed town officials and residents at the hearing of the value of ham radio as a public service and emergency communications asset for the community and regions.

The selectmen, town clerk, and most of the residents seemed amendable to meet with members of the amateur radio community and emergency services to discuss drafting a more reasonable ordinance that comply with federal and state laws, but would still prevent any further large installations as pictured above.

Other towns will probably be watching what Jonesboro does in regard to amateur radio restrictions, as similar stations have been erected in other parts of the county. The Maine Ham Radio Society will continue to monitor the situation, and will be following up with Jonesboro officials to make sure we do get input in any new proposed ordinance.

From ARRL Web:

A Public Notice released by the Federal Communications Commission (FCC) on March 23, 2022, in MD Docket No. 20-270, announced that new application fees for Wireless Telecommunications Bureau applications will become effective on April 19, 2022. The new fees, mandated by Congress, apply to applications for Amateur Radio licenses including those associated with filing Form 605, the Amateur Operator/Primary Station Licensee Application.

Effective April 19, 2022, a $35 fee will apply to applications for a new Amateur Radio license, modification (upgrade and sequential call sign change), renewal, and vanity call signs.

Anticipating the implementation of the fee in 2022, the ARRL Board of Directors, at its July 2021 meeting, approved the “ARRL Youth Licensing Grant Program.” Under the program, ARRL will cover a one-time $35 application fee for license candidates younger than 18 years old for tests administered under the auspices of the ARRL Volunteer Examiner Coordinator (ARRL VEC). Qualified candidates also would pay a reduced exam session fee of $5 to the ARRL VEC. ARRL is finalizing details for administering the program.

ARRL had filed comments in opposition to imposing a fee on Amateur Radio license applications. The FCC initially proposed a higher, $50 fee. In a Report and Order (R&O), released on December 29, 2020, the amount was reduced — the FCC agreeing with ARRL and other commenters that its proposed $50 fee for certain amateur radio applications was “too high to account for the minimal staff involvement in these applications.”

ARRL Volunteer Examiner Coordinator (ARRL VEC) Manager Maria Somma, AB1FM, explained that all fees are per application. “There will be no fee for administrative updates, such as a change of mailing or email address. The fees will be the responsibility of the applicant regardless of filing method and must be paid within 10 calendar days of FCC’s receipt of the application. For applications filed by a VEC, the period does not begin until the application is received by the Commission, a ULS file number assigned, and an email sent by the FCC directly to the applicant.”

VECs and Volunteer Examiner (VE) teams will not collect the $35 fee at license exam sessions. New and upgrade candidates at an exam session will continue to pay the $15 exam session fee to the ARRL VE team as usual, and pay the new, $35 application fee directly to the FCC by using the CORES FRN Registration system (CORES – Login).

When the FCC receives the examination information from the VEC, it will email a link with payment instructions to each successful candidate who then will have 10 calendar days from the date of the email to pay. After the fee is paid and the FCC has processed an application, examinees will receive a second email from the FCC with a link to their official license or explanation of other action. The link will be good for 30 days.

Somma also explained that applications that are processed and dismissed will not be entitled to a refund. This includes vanity call sign requests where the applicant does not receive the requested call sign. “The FCC staff has suggested that applicants for vanity call signs should first ensure the call signs requested are available and eligible for their operator class and area, and then request as many call signs as the form allows to maximize their chances of receiving a call sign.”

Further information and instructions about the FCC Application Fee are available from the ARRL VEC at www.arrl.org/fcc-application-fee. Details for the ARRL Youth Licensing Grant Program will be similarly posted there, when available.

David Siddall, K3ZJ, writes:

The Forest Service sent a Notice to the Federal Register yesterday announcing that they will re-open the window for comments on the proposed new $1400 annual administrative fee.  This means that amateurs that may have missed the earlier comment period, or who wish to file additional arguments and information,  can submit new filings between March 1 and March 31.   A copy of the Notice to be published on March 1 is here: https://public-inspection.federalregister.gov/2022-04254.pdf.  (This is completely public information.)

I notice that in several of the amateur comments sent me that there appears some confusion.  The proposed fee is a new and separate fee, not an increase to fees (such as rent) already being paid.  If adopted, the existing fee(s) – which generally have been around $130-140 annually for amateur uses – would have to be paid in addition to the new proposed annual administrative fee of $1400.  IMHO, the fee would be so high because the proposal is to include amateur uses equally with those of commercial wireless entities such as broadcasters, cellular providers and broadband entities that require a much more significant presence and greater Forest Service support than amateurs.  

[ARRL’s filed comments can be viewed at <https://www.regulations.gov/comment/FS-2022-0001-0749>.]

[Note: Beginning March 1, 2022, comments can be filed at <https://www.regulations.gov/document/FS-2022-0001-0001>.]

See also: ARRL to Oppose Forest Service Administative Fees for Amateur Facilities