Victory

Homeowners Wireless Freedom Act

This petition made change with 123 supporters!


Homeowners Associations (HOA) control almost every part of a residents life. The HOA tells Homeowners what flowers to plant and what color their houses can be painted. They even limit communications options to a landline or wireless phone service.

What if you wanted to take advantage of a short range FREE wireless service that would allow you to communicate with Family and Friends? If you live under HOA restrictions you're probably NOT allowed to install and use such a Wireless System...

Private parties such as Homeowners Associations should not be allowed to regulate Wireless Communications Devices used by residential property owners... Urge your elected officials to enact the following legislation:

Homeowners Wireless Freedom Act of 2018                                         

AN ACT

To direct the Federal Communications Commission to amend its rules so as to prohibit the application to all Wireless Communications Devices of certain private land use restrictions, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Homeowners Wireless Freedom Act of 2018”.

SEC. 2. Findings.

Congress finds the following:

(1) In 2016, there were about 125.82 million households in the United States. According to the U.S. Census Bureau, a household consists of all the people who occupy a housing unit. Of the 125.82 million household it is estimated that 60 million homes have private land use restrictions that preclude or restrict the use of wireless communications devices.

(2)  The Federal Communications Commission (FCC) regulates radio frequency (RF) devices contained in electronic-electrical products that are capable of emitting radio frequency energy by radiation, conduction, or other means.

(3) Wireless Communication Devices provide homeowners with a means to aid other homeowners or call for help when the standard communication paths are unavailable or destroyed. Such devices have been shown to be frequently and increasingly precluded by unreasonable private land use restrictions, including restrictive covenants.

(4) The Federal Communications Commission has sought guidance and direction from Congress with respect to the application of the Commission’s limited preemption policy regarding Wireless Communications to private land use restrictions, including restrictive covenants. 

SEC. 3. Accommodation of Wireless communications devices.

Not later than 120 days after the date of the enactment of this Act, the Federal Communications Commission shall amend the Code of Federal Regulations, so that such applicable section(s) prohibits application to Wireless Communications Devices of any private land use restriction, including a restrictive covenant, that—

(1) precludes such communications;

(2) fails to reasonably accommodate such communications; or

(3) does not constitute the minimum practicable restriction on such communications to accomplish the legitimate purpose of the private entity seeking to enforce such restriction.

SEC. 4. DEFINITIONS:

            In this Act:

WIRELESS COMMUNICATIONS DEVICE. —The term “Wireless Communications Device” means any Two-Way or One-Way Radio Service licensed or unlicensed by the Federal Communications Commission that allows a Citizen to communicate without the local or national telecommunications infrastructure.



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