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119-s-459119th CongressWALLET

Amateur Radio Emergency Preparedness Act

Sponsored By: Senator Wicker, Roger F. [R-MS]

Introduced

Summary

Protect amateur radio operators' ability to install and operate antennas on property they control. This bill would limit private land use restrictions that unreasonably delay, prevent, or raise the cost of installing, maintaining, or operating an amateur station antenna.

Show full summary
  • Amateur radio operators would get clearer, nationwide protections. The bill defines "amateur station" and expands "antenna" to include feedlines, control and electrical enclosures, supports, guy wires, anchors, and related parts.
  • Community associations and HOAs would face limits on rules that unreasonably block antennas. They may still require antennas to meet safety, manufacturer specs, local zoning, tower ordinances, and building codes.
  • Renters and lessees who control residential property would be covered. The bill explicitly includes people with possession under leases and lease/purchase arrangements.
  • Individuals harmed by violations would be able to sue under new enforcement procedures. The bill also narrows rules that force prior approval and exempts some antenna categories from prior-approval requirements altogether.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Limits on HOA antenna bans

If enacted, the bill would bar private land use rules that ban or unreasonably block an amateur radio antenna on property you control. It would allow only reasonable safety, building-code, and manufacturer limits and limited visual screening for some ground enclosures. Small antennas would be exempt: under 1 meter across, flagpoles also used as antennas up to 43 feet, minimally obtrusive wire antennas of needed length, and vertical antennas up to 43 feet. The FCC would have to write rules to implement these limits within 180 days, and applications for approval could not demand more information than other home improvements. If a review body does not act in 45 days, the application would be treated as approved.

Pause enforcement and right to sue

If enacted, the bill would require associations or others to stop enforcing a challenged rule while an FCC or court action is pending. No fines or penalties could accrue against an operator during that time. The party trying to enforce a restriction would have to prove the restriction complies with the law, and the party alleging an antenna violation would have to prove the violation. The bill would let a harmed person sue in federal court without first using state court remedies.

Who counts as an amateur operator

If enacted, the bill would say who is an amateur radio operator and what an amateur station and antenna include. It would use the FCC rule 47 C.F.R. 97.3 to define operators and stations. "Antenna" would include feedlines, control or electrical boxes, supports, anchors, guy wires, and similar parts. It would also define community associations and lessees so it is clear which association rules and recorded land rules count. The bill would not change the existing FCC rule at 47 C.F.R. 97.15(b).

Sponsors & CoSponsors

Sponsor

Wicker, Roger F. [R-MS]

MS • R

Cosponsors

  • Sen. Blumenthal, Richard [D-CT]

    CT • D

    Sponsored 2/6/2025

Roll Call Votes

No roll call votes available for this bill.

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