Missouri Amateur Radio Parity Act, House Bill 136
Federally licensed amateur radio operators throughout the State of Missouri who live in HOA's (Homeowner Associations) communities are prohibited from erecting antennas on the outside of their private residences by most CC&R's/indentures. In most cases the "ham" is not even given the opportunity to discuss this restriction and request an exception. This prohibitive restriction is in direct opposition to PRB-1, a FCC ruling in 1985, which stated that state and local agencies could not preclude or preempt licensed amateur radio operators from placing antennas outside their private residences but must make "reasonable accommodation" and limit their restrictions to a minimum only to achieve "their minimal objectives." While this ruling did not provide relief from private land-use agreements (HOA covenants), the FCC did further rule in the Communications Act of 1996, that HOA's could not prohibit the installation of wireless communications antennas (satellite dish antennas) for both transmit and receive. The Amateur Radio & Relay League is promoting legislation at the Federal level, HR1301 & S1685, which, if passed, will instruct the FCC to require HOA's to abide by the same conditions of PRB-1. While this legislation is important and all amateurs should support its passage by contacting their state's Federal representatives and senators, we believe that legislation at the state level which will mirror that of the Federal Bills will give all of us amateurs here in Missouri the necessary legislative support to achieve success when dealing with HOA's on a local level. This is why we authored Missouri House Bill, HB1951, last year. This Bill successfully passed through the Missouri House of Representatives and was heard in committee in the Senate. Unfortunately, Sen. Rob Schaaf, chairman of the committee in the Senate decided there was not enough "public support" to move it forward and the bill died in the Senate committee. This is why we are asking you to sign this petition. We will begin this process, once again, and Rep. Bryan Spencer, District 63, has pre-filed the bill effective December 5, 2016. The bill is House Bill 136. Please share this petition with all your ham friends, family, friends and neighbors. You may not be personally affected by HOA covenants and restrictions, but I'm sure you know some who are....and, someday YOU MIGHT BE! WE CAN MAKE A DIFFERENCE.
- Missouri State House
- Missouri Speaker of the House of Representatives
- Missouri State Representative, District 63
Rep. Todd Richardson
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