Sec. 702. Application of private land use restrictions to amateur stations
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/bill/114/s/253/eah/section-702A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 120 days after the date of the enactment of this Act, the 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— on its face or as applied, precludes communications in an amateur radio service; 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 does not constitute the minimum practicable restriction on such communications to accomplish the lawful purposes of a community association seeking to enforce such restriction.
In amending its rules as required by subsection (a), the Commission shall— require any licensee in an amateur radio service to notify and obtain prior approval from a community association concerning installation of an outdoor antenna; 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 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.