S. 459: Amateur Radio Emergency Preparedness Act

Amateur Radio Emergency Preparedness Act

This bill limits the adoption and enforcement of private land use restrictions (e.g., rules of a homeowners' association) that prohibit, restrict, or impair the installation, maintenance, or operation of an amateur station antenna on property controlled by an amateur radio operator.

Private land use restrictions are deemed to prohibit, restrict, or impair the installation, maintenance, or operation of an amateur station antenna if they unreasonably delay, prevent, or increase the cost or difficulty of such installation, maintenance, or operation; or if they prevent or degrade the reception or transmission of a signal acceptable to the operator. 

However, the bill permits certain private land use restrictions, including restrictions that require amateur station antennas (1) to be maintained in a structurally safe condition; or (2) to be installed in compliance with manufacturer specifications, applicable zoning ordinances, amateur radio tower ordinances, and building codes. 

The bill also establishes certain limits on the adoption and enforcement of private land use restrictions that require an amateur radio operator to obtain prior approval before installing an amateur station antenna, and exempts certain categories of amateur station antenna from prior approval requirements altogether. 

Finally, the bill sets forth procedures for the enforcement of these provisions and provides a private right of action for individuals harmed by violations of the provisions.