S. 459 — Amateur Radio Emergency Preparedness Act

This section states congressional findings on amateur radio, including that over 770,000 U.S. operators are licensed by the Federal Communications Commission (FCC); that amateur radio provides emergency communications, technical training, and other public benefits; and that private land use restrictions, including restrictive covenants, impair effective outdoor antenna structures at operator residences, which should be preempted consistent with FCC preemption policy and precedents such as section 207 of the Telecommunications Act of 1996.

This section prohibits private land use restrictions—including publicly recorded covenants or deed restrictions and rules of community associations (i.e., condominium associations, cooperative associations, and residential real estate management associations)—from prohibiting, restricting, or impairing amateur operators (i.e., FCC-licensed amateur radio operators) from installing, operating, or maintaining amateur station antennas on property under their control, except for specified permissible restrictions that are reasonably applied and enforced. (Amateur stations support noncommercial two-way communications, including emergency and disaster response.) Permissible restrictions include requirements that antennas (1) comply with manufacturer specifications, applicable zoning ordinances, amateur radio tower ordinances, and building codes; (2) be maintained in structurally safe condition; (3) repair, replace, or remove deteriorated or unsafe components; (4) be removed upon cessation of the amateur operator's property control; and (5) visually screen ground-mounted electrical or control enclosures or guy wire anchors visible from the street or adjoining properties. The section further limits prior approval requirements by (1) prohibiting enforcement of any such requirement not present in publicly recorded land records before the amateur operator's purchase or lease; (2) barring demands for more or more detailed application information than required for other property improvements; (3) deeming applications approved if not acted upon within 45 days; and (4) exempting previously approved antennas from further review absent material changes in dimensions or structural integrity.