text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Amateur Radio Parity Act of 2016''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) More than 730,000 radio amateurs in the United States 
          are licensed by the Federal Communications Commission in the 
          amateur radio services.
              (2) Amateur radio, at no cost to taxpayers, provides a 
          fertile ground for technical self-training in modern 
          telecommunications, electronics technology, and emergency 
          communications techniques and protocols.
              (3) There is a strong Federal interest in the effective 
          performance of amateur stations established at the residences 
          of licensees. Such stations have been shown to be frequently 
          and increasingly precluded by unreasonable private land use 
          restrictions, including restrictive covenants.
              (4) Federal Communications Commission regulations have for 
          three decades prohibited the application to stations in the 
          amateur service of State and local regulations that preclude or 
          fail to reasonably accommodate amateur service communications, 
          or that do not constitute the minimum practicable regulation to 
          accomplish a legitimate State or local purpose. Commission 
          policy has been and is to require States and localities to 
          permit erection of a station antenna structure at heights and 
          dimensions sufficient to accommodate amateur service 
          communications.
              (5) The Commission has sought guidance and direction from 
          Congress with respect to the application of the Commission's 
          limited preemption policy regarding amateur service 
          communications to private land use restrictions, including 
          restrictive covenants.
              (6) There are aesthetic and common property considerations 
          that are uniquely applicable to private land use regulations 
          and the community associations obligated to enforce covenants, 
          conditions, and restrictions in deed-restricted communities. 
          These considerations are dissimilar to those applicable to 
          State law and local ordinances regulating the same residential 
          amateur radio facilities.
              (7) In recognition of these considerations, a separate 
          Federal policy than exists at section 97.15(b) of title 47, 
          Code of Federal Regulations, is warranted concerning amateur 
          service communications in deed-restricted communities.
              (8) 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. 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.
  
  SEC. 3. APPLICATION OF PRIVATE LAND USE RESTRICTIONS TO AMATEUR 
                STATIONS.
  
      (a) Amendment of FCC Rules.--Not later than 120 days after the date 
  of the enactment of this Act, the Federal Communications Commission 
  shall amend section 97.15 of title 47, Code of Federal Regulations, by 
  adding a new paragraph that prohibits the application to amateur 
  stations of any private land use restriction, including a restrictive 
  covenant, that--
              (1) on its face or as applied, precludes communications in 
          an amateur radio service;
              (2) fails to permit a licensee in an amateur radio service 
          to install and maintain an effective outdoor antenna on 
          property under the exclusive use or control of the licensee; or
              (3) does not constitute the minimum practicable restriction 
          on such communications to accomplish the lawful purposes of a 
          community association seeking to enforce such restriction.
      (b) Additional Requirements.--In amending its rules as required by 
  subsection (a), the Commission shall--
              (1) require any licensee in an amateur radio service to 
          notify and obtain prior approval from a community association 
          concerning installation of an outdoor antenna;
              (2) permit a community association to prohibit installation 
          of any antenna or antenna support structure by a licensee in an 
          amateur radio service on common property not under the 
          exclusive use or control of the licensee; and
              (3) subject to the standards specified in paragraphs (1) 
          and (2) of subsection (a), permit a community association to 
          establish reasonable written rules concerning height, location, 
          size, and aesthetic impact of, and installation requirements 
          for, outdoor antennas and support structures for the purpose of 
          conducting communications in the amateur radio services.
  
  SEC. 4. AFFIRMATION OF LIMITED PREEMPTION OF STATE AND LOCAL LAND USE 
                REGULATION.
  
      The Federal Communications Commission may not change section 
  97.15(b) of title 47, Code of Federal Regulations, which shall remain 
  applicable to State and local land use regulation of amateur service 
  communications.
  
  SEC. 5. DEFINITIONS.
  
      In this Act:
              (1) Community association.--The term ``community 
          association'' means any non-profit mandatory membership 
          organization composed of owners of real estate described in a 
          declaration of covenants or created pursuant to a covenant or 
          other applicable law with respect to which a person, by virtue 
          of the person's ownership of or interest in a unit or parcel, 
          is obligated to pay for a share of real estate taxes, insurance 
          premiums, maintenance, improvement, services, or other expenses 
          related to common elements, other units, or any other real 
          estate other than the unit or parcel described in the 
          declaration.
              (2) Terms defined in regulations.--The terms ``amateur 
          radio services'', ``amateur service'', and ``amateur station'' 
          have the meanings given such terms in section 97.3 of title 47, 
          Code of Federal Regulations.
  
              Passed the House of Representatives September 12, 2016.
  
              Attest:
  
                                                   KAREN L. HAAS,
  
                                                                   Clerk.
target: (This measure has not been amended since it was reported to the House on September 9, 2016.  Amateur Radio Parity Act of 2016  (Sec. 3) This bill directs the Federal Communications Commission (FCC) to amend station antenna structure regulations to prohibit a private land use restriction from applying to amateur radio stations if the restriction:  precludes communications in an amateur radio service,  fails to permit a licensee of amateur radio service to install and maintain an effective outdoor antenna on property under its exclusive use or control, or  is not the minimum practicable restriction to accomplish the lawful purposes of a community association seeking to enforce the restriction.  Before installing an outdoor antenna, however, an amateur radio licensee must obtain a community association's prior approval. A community association may: (1) prohibit installations on common property not under the exclusive control of the licensee, and (2) establish installation rules for amateur radio antennas and support structures.
feat_title: Amateur Radio Parity Act of 2016