PRIOR PRINTER'S NOS. 1076, 2242, 2383         PRINTER'S NO. 2433

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 884 Session of 2007


        INTRODUCED BY GREENLEAF, ROBBINS, COSTA, FONTANA, BROWNE, STOUT,
           REGOLA AND DINNIMAN, JUNE 1, 2007

        AS AMENDED ON THIRD CONSIDERATION, SEPTEMBER 23, 2008

                                     AN ACT

     1  Amending Title 53 (Municipalities Generally) of the Pennsylvania
     2     Consolidated Statutes, restricting municipalities from
     3     regulating amateur radio service communications.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 53 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 302.  Restriction on municipal regulation of amateur radio
     9             service communications.
    10     (a)  General rule.--A municipality that adopts an ordinance,
    11  regulation or plan or takes any other action involving the
    12  placement, screening or height of antennas or antenna support
    13  structures shall reasonably accommodate amateur radio service
    14  communications, and shall impose only the minimum regulations
    15  necessary to accomplish the legitimate purpose of the
    16  municipality.
    17     (b)  Reasonable accommodations.--A municipality may impose
    18  necessary regulations to ensure the safety of amateur radio

     1  antenna structures, but must reasonably accommodate amateur
     2  service communications. No ordinance, regulation, plan or any
     3  other action shall restrict amateur radio antenna height to less
     4  than 65 feet above ground level.
     5     (c)  Construction.--The provisions of this section shall not
     6  be construed to prohibit a municipality from taking action to
     7  protect or preserve a historic, a historical or an architectural
     8  district that is established by the municipality or pursuant to
     9  Federal or State law.
    10     (D)  DEFINITION.--AS USED IN THIS SECTION, THE TERM            <--
    11  "LEGITIMATE PURPOSES" SHALL INCLUDE A CLEARLY DEFINED HEALTH,
    12  SAFETY OR AESTHETIC OBJECTIVE OF A MUNICIPALITY.
    13  Section 2.  Effective date.
    14     This act shall take effect in 60 days.











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