United States 119th Congress Status: In Committee Bipartisan · 1 R · 1 D cosponsors

S 459 — Amateur Radio Emergency Preparedness Act

Last action — Read twice and referred to the Committee on Commerce, Science, and Transportation.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced February 06, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 34% · moderate confidence

  • In Committee

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 R · 1 D) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Amateur Radio Emergency Preparedness ActThis bill limits the adoption and enforcement of private land use restrictions (e.g., rules of a homeowners' association) that prohibit, restrict, or impair the installation, maintenance, or operation of an amateur station antenna on property controlled by an amateur radio operator.Private land use restrictions are deemed to prohibit, restrict, or impair the installation, maintenance, or operation of an amateur station antenna if they unreasonably delay, prevent, or increase the cost or difficulty of such installation, maintenance, or operation; or if they prevent or degrade the reception or transmission of a signal acceptable to the operator. However, the bill permits certain private land use restrictions, including restrictions that require amateur station antennas (1) to be maintained in a structurally safe condition; or (2) to be installed in compliance with manufacturer specifications, applicable zoning ordinances, amateur radio tower ordinances, and building codes. The bill also establishes certain limits on the adoption and enforcement of private land use restrictions that require an amateur radio operator to obtain prior approval before installing an amateur station antenna, and exempts certain categories of amateur station antenna from prior approval requirements altogether. Finally, the bill sets forth procedures for the enforcement of these provisions and provides a private right of action for individuals harmed by violations of the provisions.

Bill Text

How this bill changes current law

5 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill prohibits private land use restrictions that limit or impair amateur radio operators from installing or maintaining antennas.

  • 47 U.S.C. 301

    SEC. 346. APPLICATION OF PRIVATE LAND USE RESTRICTIONS TO AMATEUR STATION ANTENNAS.

    This addition establishes a new section that defines how private land use restrictions relate to amateur station antennas.

  • 47 U.S.C. 346

    A private land use restriction that prohibits, restricts, or impairs, or has the effect of prohibiting, restricting, or impairing, an amateur operator from operating, installing, or maintaining any amateur station antenna on property subject to the control of the amateur operator may not be adopted or enforced, except as permitted by subsection (c).

    This prohibits the enforcement of land use restrictions that impair the operation of amateur station antennas.

  • 47 U.S.C. 346

    Subject to paragraph (2), the following private land use restrictions applicable to amateur station antennas may be adopted or enforced: (A) A restriction that requires an amateur station antenna to be installed in compliance with applicable zoning ordinances, amateur radio tower ordinances, and governmentally adopted building codes.

    This allows certain reasonable restrictions on amateur antennas, such as compliance with legal building codes.

  • 47 U.S.C. 346

    A requirement in a private land use restriction for an amateur operator to obtain prior approval for the installation of an amateur station antenna may not be adopted or enforced if such requirement for prior approval was not present in the publicly recorded land records prior to the purchase or lease of the property by the amateur operator.

    This protects amateur operators from new prior approval requirements in existing land use restrictions that were not disclosed at the time of property acquisition.

  • 47 U.S.C. 346

    If a community association or other person authorized to enforce a private land use restriction applicable to an amateur station antenna does not approve or deny an application...by the day that is 45 days after the date on which the application is submitted, the application shall be deemed to be approved on the 45th day.

    This establishes a timeline for approval or denial of antenna installation applications, streamlining the process for amateur operators.

Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on Commerce, Science, and Transportation.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 545 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (545)

545 members have not signed on to this bill.

Show all 545 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety technology
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Frequently asked questions

What does S 459 do?
Amateur Radio Emergency Preparedness ActThis bill limits the adoption and enforcement of private land use restrictions (e.g., rules of a homeowners' association) that prohibit, restrict, or impair the installation, maintenance, or operation of an amateur station antenna on property controlled by an amateur radio operator.Private land use restrictions are deemed to prohibit, restrict, or impair the installation, maintenance, or operation of an amateur station antenna if they unreasonably delay, prevent, or increase the cost or difficulty of such installation, maintenance, or operation; or if they prevent or degrade the reception or transmission of a signal acceptable to the operator. However, the bill permits certain private land use restrictions, including restrictions that require amateur station antennas (1) to be maintained in a structurally safe condition; or (2) to be installed in compliance with manufacturer specifications, applicable zoning ordinances, amateur radio tower ordinances, and building codes. The bill also establishes certain limits on the adoption and enforcement of private land use restrictions that require an amateur radio operator to obtain prior approval before installing an amateur station antenna, and exempts certain categories of amateur station antenna from prior approval requirements altogether. Finally, the bill sets forth procedures for the enforcement of these provisions and provides a private right of action for individuals harmed by violations of the provisions.
Who sponsors S 459?
S 459 is sponsored by Wicker, Roger F. (Republican) and Blumenthal, Richard (Democratic).
What is the current status of S 459?
This bill is in committee in the Senate. Introduced February 06, 2025. It must pass committee before a floor vote.
Where can I track S 459?
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