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Amateur Radio Emergency Preparedness Act

USA119th CongressHR-1094| House 
| Updated: 2/6/2025
August Pfluger

August Pfluger

Republican Representative

Texas

Cosponsors (27)
Jared F. Golden (Democratic)John R. Carter (Republican)Gabe Vasquez (Democratic)Jefferson Van Drew (Republican)Mark Alford (Republican)Joe Courtney (Democratic)Mike Ezell (Republican)Eugene Simon Vindman (Democratic)Jimmy Panetta (Democratic)Thomas R. Suozzi (Democratic)Rosa L. DeLauro (Democratic)Michael A. Rulli (Republican)André Carson (Democratic)John B. Larson (Democratic)Marilyn Strickland (Democratic)Jahana Hayes (Democratic)Brad Finstad (Republican)Daniel Webster (Republican)Mike Bost (Republican)James P. McGovern (Democratic)Max L. Miller (Republican)John J. McGuire (Republican)Tom Barrett (Republican)Randy K. Sr. Weber (Republican)Ben Cline (Republican)Robert P. Bresnahan (Republican)Craig A. Goldman (Republican)

Energy and Commerce Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill, titled the Amateur Radio Emergency Preparedness Act, seeks to amend the Communications Act of 1934 to address private land use restrictions impacting amateur radio antennas. Congress finds that over 770,000 licensed amateur operators provide vital, cost-free emergency communications and technical training, but their ability to operate effectively is often hindered by unreasonable private land use restrictions, including restrictive covenants. The legislation aims to preempt such restrictions to further the public interest benefits that amateur radio provides to society. The bill generally prohibits private land use restrictions that prohibit, restrict, or impair an amateur operator from installing or maintaining an amateur station antenna on their property. However, it allows for certain permissible restrictions , such as those requiring compliance with manufacturer specifications, zoning ordinances, building codes, and structural safety. Restrictions requiring removal if the operator ceases to control the property or visual screening of certain ground-mounted components are also permitted, provided they are reasonably applied and enforced. Furthermore, the bill places significant limitations on prior approval requirements for antenna installations. A requirement for prior approval cannot be enforced if it was not present in publicly recorded land records before the property's purchase or lease, or if the information requested for approval is more extensive than for other property improvements. Applications for approval are deemed approved if not acted upon within 45 days, and no further approval is needed after initial approval unless there is a material change to the antenna. Certain antenna types, including those less than 1 meter, flagpole antennas up to 43 feet, wire antennas, and vertical antennas up to 43 feet, do not require prior approval. The legislation also includes provisions for enforcement , stipulating that enforcement efforts must be suspended if a legal challenge is initiated, and no penalties can accrue during such a challenge. The burden of proof for compliance with the act rests on the party seeking to impose or enforce a restriction. The Federal Communications Commission is directed to promulgate regulations to implement these amendments within 180 days of enactment.
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Timeline

Bill from Previous Congress

HR 117-9670
Amateur Radio Emergency Preparedness Act

Bill from Previous Congress

HR 118-4006
Amateur Radio Emergency Preparedness Act
Feb 6, 2025

Latest Companion Bill Action

S 119-459
Introduced in Senate
Feb 6, 2025
Introduced in House
Feb 6, 2025
Referred to the House Committee on Energy and Commerce.
  • Bill from Previous Congress

    HR 117-9670
    Amateur Radio Emergency Preparedness Act


  • Bill from Previous Congress

    HR 118-4006
    Amateur Radio Emergency Preparedness Act


  • February 6, 2025

    Latest Companion Bill Action

    S 119-459
    Introduced in Senate


  • February 6, 2025
    Introduced in House


  • February 6, 2025
    Referred to the House Committee on Energy and Commerce.

Science, Technology, Communications

Related Bills

  • S 119-459: Amateur Radio Emergency Preparedness Act

Amateur Radio Emergency Preparedness Act

USA119th CongressHR-1094| House 
| Updated: 2/6/2025
This bill, titled the Amateur Radio Emergency Preparedness Act, seeks to amend the Communications Act of 1934 to address private land use restrictions impacting amateur radio antennas. Congress finds that over 770,000 licensed amateur operators provide vital, cost-free emergency communications and technical training, but their ability to operate effectively is often hindered by unreasonable private land use restrictions, including restrictive covenants. The legislation aims to preempt such restrictions to further the public interest benefits that amateur radio provides to society. The bill generally prohibits private land use restrictions that prohibit, restrict, or impair an amateur operator from installing or maintaining an amateur station antenna on their property. However, it allows for certain permissible restrictions , such as those requiring compliance with manufacturer specifications, zoning ordinances, building codes, and structural safety. Restrictions requiring removal if the operator ceases to control the property or visual screening of certain ground-mounted components are also permitted, provided they are reasonably applied and enforced. Furthermore, the bill places significant limitations on prior approval requirements for antenna installations. A requirement for prior approval cannot be enforced if it was not present in publicly recorded land records before the property's purchase or lease, or if the information requested for approval is more extensive than for other property improvements. Applications for approval are deemed approved if not acted upon within 45 days, and no further approval is needed after initial approval unless there is a material change to the antenna. Certain antenna types, including those less than 1 meter, flagpole antennas up to 43 feet, wire antennas, and vertical antennas up to 43 feet, do not require prior approval. The legislation also includes provisions for enforcement , stipulating that enforcement efforts must be suspended if a legal challenge is initiated, and no penalties can accrue during such a challenge. The burden of proof for compliance with the act rests on the party seeking to impose or enforce a restriction. The Federal Communications Commission is directed to promulgate regulations to implement these amendments within 180 days of enactment.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 117-9670
Amateur Radio Emergency Preparedness Act

Bill from Previous Congress

HR 118-4006
Amateur Radio Emergency Preparedness Act
Feb 6, 2025

Latest Companion Bill Action

S 119-459
Introduced in Senate
Feb 6, 2025
Introduced in House
Feb 6, 2025
Referred to the House Committee on Energy and Commerce.
  • Bill from Previous Congress

    HR 117-9670
    Amateur Radio Emergency Preparedness Act


  • Bill from Previous Congress

    HR 118-4006
    Amateur Radio Emergency Preparedness Act


  • February 6, 2025

    Latest Companion Bill Action

    S 119-459
    Introduced in Senate


  • February 6, 2025
    Introduced in House


  • February 6, 2025
    Referred to the House Committee on Energy and Commerce.
August Pfluger

August Pfluger

Republican Representative

Texas

Cosponsors (27)
Jared F. Golden (Democratic)John R. Carter (Republican)Gabe Vasquez (Democratic)Jefferson Van Drew (Republican)Mark Alford (Republican)Joe Courtney (Democratic)Mike Ezell (Republican)Eugene Simon Vindman (Democratic)Jimmy Panetta (Democratic)Thomas R. Suozzi (Democratic)Rosa L. DeLauro (Democratic)Michael A. Rulli (Republican)André Carson (Democratic)John B. Larson (Democratic)Marilyn Strickland (Democratic)Jahana Hayes (Democratic)Brad Finstad (Republican)Daniel Webster (Republican)Mike Bost (Republican)James P. McGovern (Democratic)Max L. Miller (Republican)John J. McGuire (Republican)Tom Barrett (Republican)Randy K. Sr. Weber (Republican)Ben Cline (Republican)Robert P. Bresnahan (Republican)Craig A. Goldman (Republican)

Energy and Commerce Committee

Science, Technology, Communications

Related Bills

  • S 119-459: Amateur Radio Emergency Preparedness Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted