Regulatory & Advocacy

QST de W1AW 
ARRL Bulletin 26  ARLB026
From ARRL Headquarters 
Newington CT  December 24, 2022
To all radio amateurs

SB QST ARL ARLB026
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

New Hampshire Section Manager Pete Stohrer, K1PJS, writes to the NH ARRL Members List:

On Thursday February 17th the NH House voted 245 to 104 to send HB1644 to interim study. This effectively kills the bill for this legislative session. The bill would have required 5G telecommunication antenna to be placed at least 1,640 feet from residentially zoned areas, parks, playgrounds, hospitals, nursing homes, day care centers, and schools. In addition, an online registry would have been created to allow residents who are experiencing biological symptoms from wireless radiation exposure to list their relevant information.

Although the bill was aimed primarily at wireless 5G applications, enough ambiguity in the wording raised legitimate concerns of the unintended consequences to other non 5G radio services including amateur radio.

Interim study will take a serious look at the problems with the bill and NH Leadership will be ready to offer testimony to protect amateur radio interests if needed. Further information will be made available to our NH ARRL membership as it becomes available. Section would like to thank the many NH amateur operators who provided written testimony to their legislators against HB1644

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ARRL New Hampshire Section
Section Manager: Peter J Stohrer, K1PJS
k1pjs@arrl.org
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New Hampshire Section Manager Peter J Stohrer, K1PJS, writes on the NH ARRL Members List:

A bill (HB1644) limiting the use of 5G applications in certain areas of NH along with the creation of a RF Radiation Exposure Registry was recently introduced to the NH House. Because of the confusing nature of the bill and conflicting testimony the Science, Technology and Energy Committee overseeing the bill voted 17 to 4 to recommend to the House that the bill be sent to interim study.  If this recommendation is adopted by the full House, likely next week, this bill will be dead for all intents and purposes for this biennium.  A committee will be established, conduct a review, and receive public testimony over the summer and make a recommendation whether legislation of this nature is warranted or not. NH ARRL Leadership will be attending the meetings.

 HB1644 in its current form will have unintended consequences far beyond 5G applications impacting all forms of wireless communications including amateur radio. NE Director Kemmerer, the NH Section Manager, and State Government Liaison met to discuss the issue and we encourage League members to contact their state representative to support the committee recommendation to send the bill to interim study. You can locate the email address of your representative by going to the following link:

http://www.gencourt.state.nh.us/house/members/

The full House meets on February 16th so now is the time to contact your legislator.

You can read the bill in its entirety:

http://www.gencourt.state.nh.us/bill_Status/billinfo.aspx?id=1725&inflect=2