The FCC has told Congress that
there is "no compelling reason" for it to revisit its previous decisions
not to extend its limited pre-emption of restrictive state and local antenna
laws to private land use regulations. These CC&R, or Covenants, Conditions and
Restrictions, are imposed by developers and homeowners' associations on
purchasers of homes in many areas. The report to Congress released on August 20
is the result of a study mandated earlier this year - with the ARRL's strong
backing - of the value of amateur radio emergency communications and
impediments (including CC&Rs) to effective amateur communications.
The Commission said commenters
disagreed over the impact of CC&Rs on amateur radio emergency capabilities
and that "a review of the record does not indicate that amateur operators
are unable to find homes that are not subject to such restrictions." The
report also said the FCC does not believe Congressional action is necessary regarding
CC&Rs or other impediments to amateur communication.
Overall, the report was laudatory
of amateur radio's ability to provide emergency communications and recommended
that the Department of Homeland Security work with state, local and tribal
authorities to improve training for hams and to better integrate amateur radio
into existing emergency plans. However, it stopped short of supporting an ARRL
recommendation for a federal credentialing system to permit trained amateurs to
have easier access to disaster areas when traveling from other states to help
provide communications support.
