ARLA/CLUSTER: FCC relata ao Congresso americano a importancia do Serviço de Amador em comunicações de emergencias e desastres

[João Costa > CT1FBF]

FCC releases Congressionally Mandated Study on Amateur Radio

On August 20 - in response to a Spring 2012 Congressional directive -
the Federal Communications Commission released its findings on the
Uses and Capabilities of Amateur Radio Service Communications in
Emergencies and Disaster Relief: Report to Congress Pursuant to
Section 6414 of the Middle Class Tax Relief and Job Creation Act of
2012.

This report contains the FCC's "review of the importance of emergency
Amateur Radio Service communications relating to disasters, severe
weather and other threats to lives and property in the United States;
and recommendations for enhancements in the voluntary deployment of
Amateur Radio operators in disaster and emergency communications and
disaster relief efforts; and recommendations for improved integration
of Amateur Radio operators in the planning and furtherance of
initiatives of the federal government." It also required "that the
study identify impediments to enhanced Amateur Radio Service
communications and provide recommendations regarding the removal of
such impediments."

"There are many positive things included in the FCC report to
Congress," said ARRL Regulatory Information Manager Dan Henderson,
N1ND. "We are pleased that the Commission highlighted the existing
Amateur Radio infrastructure to provide disaster and time-critical
communications. They also recognized the flexibility of the Amateur
Service in working with federal, state, local and tribal emergency
service agencies to supplement existing communications. The
affirmation of the value that Amateur Radio brings to the communities
across the country is underscored by the suggestion that 'DHS work
with state, local, and tribal authorities so they may develop disaster
area access or credentialing policies for trained amateur operators,
including a means for documenting their qualifications..."'

While the FCC did hold Amateur Radio in a positive light in its
discussion of emergency Amateur Radio Service communications, the FCC
report was not as favorable in the portion of the study that addressed
impediments to enhanced Amateur Radio Service communications. In the
comments provided to the FCC as they prepared the study, the ARRL --
as well as numerous individuals -- cited the proliferation of specific
land-use restrictions, such as deed restrictions and homeowners
associations covenants, that prohibit the erection of even modest
Amateur Radio antennas.

The ARRL cited that such restrictions now apply to tens of millions of
homes and condominiums. In communities across every state, these
restrictions make finding suitable living arrangements that would also
allow amateurs to participate effectively in providing support
communications nearly impossible to find. The FCC disagreed with that
assessment stating "...our review of the record does not indicate that
amateur operators are unable to find homes that are not subject to
such restrictions. Therefore, at this time, we do not see a compelling
reason for the Commission to revisit its previous determinations that
preemption should not be expanded to CCRs."

When considering any current rules that serve as impediments to
enhanced Amateur Radio Service communications, the report did agree
with the ARRL's position, stating that "Commission rules that may be
an impediment to enhanced Amateur Service emergency communications
can, as the ARRL notes, be considered through the Commission's
rulemaking process. Consequently, we do not believe that Congressional
action is necessary to address any of these issues."

In the report, the FCC recommended that "DHS consult with the public
safety, emergency management and Amateur Radio emergency
communications associations and groups to identify training
opportunities that will support better utilization of Amateur Radio
operators for emergency communications, and to solicit views on how
Amateur Radio capabilities could be further incorporated into response
plans or initiatives. We also recommend that OEC include these
recommendations in the NECP."

Henderson noted that it is significant "that the FCC recommends
efforts be continued by DHS to facilitate the training and utilization
of Amateur Radio across the emergency and disaster response spectrum
-- from the public sector through to the various groups and
organizations which provide support communications via the Amateur
Service, including ARES, RACES, MARS or locally organized support
groups. When served agencies and amateur groups plan and train
cooperatively, it only enhances our abilities to serve our communities
and the public."

With the delivery of the FCC's report to Congress, the ARRL will
determine its next step in its efforts to find relief for amateurs who
live under unduly restrictive private land-use regulations. "Our
review of the FCC report shows that there is a lot to be done if
amateurs living in deed-restricted properties are to receive even the
limited relief they enjoy under the Commission's PRB-1 ruling or the
limited relief given to deed-restricted properties given by the FCC's
OTARD ruling," Henderson said. "This means continuing ARRL's efforts
on Capitol Hill and continuing to seek a Congressional directive to
the Commission to extend those limited preemptions to include
prohibition of effective Amateur Radio antennas and support structure
that are imposed by private land use restrictions. The FCC report to
Congress is not the final action in this fight. It merely lays the
groundwork for the next steps to be taken by the ARRL," he concluded.

Read the complete FCC report on the web at,
http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0820/DA-12-1342A1.pdf