Derek Riker reports that HR 1478 was introduced last night (3/27/03) by Rep. Steve Israel (D-NY). The bill's official title is "To provide that private land use rules be treated as State or local regulation for purposes of certain Federal Communications Commission regulations."  The language is identical to last Congress' version.  The bill has been referred to the House Energy & Commerce Committee.

Rep. Israel also included a Statement for the Record as well:

SPEECH OF

HON. STEVE ISRAEL

OF NEW YORK

IN THE HOUSE OF REPRESENTATIVES

THURSDAY, MARCH 27, 2003

• Mr. ISRAEL. Mr. Speaker, I rise today to introduce an important piece of legislation that will assist not only amateur radio operators, but society as a whole.
• Organized amateur radio operators, or ``hams,'' regularly provide emergency communication when regular communications channels are disrupted by disaster. Hams have formal agreements with federal agencies such as FEMA and private relief organizations like the Red Cross. Hams are federally licensed volunteers and provide a variety of important communications services that protect lives while using their own equipment without compensation.
• With the growth of developed communities, amateur radio operators have begun to fall under an array of inconsistent regulations, making it increasingly difficult for them to operate. Burdensome regulations are imposed on amateur radio operators making it difficult, and in some cases impossible, for them to erect antenna vital to their communications capabilities. We should remember that many of these antennas are stealth in nature. Hams can place antennas behind drainpipes or attach flexible antennas along the gutters of their own home. In some cases, when the homeowners associations have found these antennas, the Hams were forced to take it down.
• Amateur Radio operators, who work with local disaster communication groups, are finding it more difficult to erect antennas. Sometimes homeowner associations arbitrarily forbid installation of any kind of antenna. It is especially important to keep in mind that most homeowners associations are not elected, and most Hams have no recourse or appeal process to pursue.
• This is particularly troubling given the role that Hams have played in communications during emergency and catastrophic situations in the past. Not allowing Hams the equipment they need could restrict communication to the local community in similar situations in the future.
• To remedy this situation, we have introduced legislation, the Amateur Radio Emergency Communications Consistency Act, which seeks to ensure the continued viability of amateur radio through consistent application of federal regulations.
• The Amateur Radio Emergency Communications Consistency Act is based upon a 1985 Federal Communications Commission (FCC) regulation that required state and local authorities to ``reasonably accommodate'' amateur radio antennas. This ruling failed, however, to address situations affecting private land developments.
• The Amateur Radio Emergency Communications Consistency Act will include homeowner associations and other land use regulators in the regulation. This bill would grant the FCC the authority to consistently apply the 1985 ruling to all homeowners, regardless of whether they are petitioning state or local authorities, or public land-use regulators or homeowners' associations. This simply means that these organization will be required to work with homeowners to achieve a ``reasonable accommodation'' when homeowners seek to install an antenna on their own property.
• The FCC recognizes the invaluable service amateur radio operators provide to our nation. Congress also recognizes the contribution that Hams make. These good faith negotiations will help ensure that amateur radio operators' technical needs and the public service they provide are met while preserving the general welfare of the community.

Joining Rep. Israel on the legislation are 13 original co-sponsors.

Rep Tammy Baldwin (D-WI)
Rep Roscoe Bartlett (R-MD)
Rep Marion Berry (D-AR)
Rep Rick Boucher (D-VA)
Rep Jo Ann Davis (R-VA)
Rep Ralph Hall (D-TX)
Rep Carolyn McCarthy (D-NY)
Rep Michael McNulty (D-NY)
Rep Dennis Moore (D-KS)
Rep Mike Ross (D-AR)
Rep Charles Taylor (R-NC)
Rep Patrick Tiberi (R-OH)
Rep Greg Walden (R-OR)

73,
Dave Sumner, K1ZZ