PRINTER'S NO. 2375
No. 1777 Session of 2007
INTRODUCED BY WATSON, BENNINGHOFF, CREIGHTON, DENLINGER,
HENNESSEY, HERSHEY, KIRKLAND, KORTZ, MENSCH, R. MILLER, RAPP,
SIPTROTH AND YOUNGBLOOD, AUGUST 1, 2007
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, AUGUST 1, 2007
AN ACT
1 Restricting municipalities from regulating amateur radio service
2 communications.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Restriction on municipal regulation of amateur radio
6 service communications.
7 (a) General rule.--No municipality may adopt an ordinance,
8 regulation or plan or take any other action that precludes
9 amateur radio service communications or that in any other manner
10 does not comply with the limited preemption of the Federal
11 Communications Commission Amateur Radio Preemption order,
12 published at 101 F.C.C. 2d 952 (1985), or any regulation related
13 to amateur radio service adopted under 47 CFR Pt. 97 (relating
14 to amateur radio service).
15 (b) Reasonable accommodations.--Any ordinance or regulation
16 adopted by a municipality involving the placement, screening or
17 height of an amateur radio antenna based on health, safety or
1 aesthetic considerations shall reasonably accommodate amateur
2 radio service communications and represent the minimum
3 practicable regulation to accomplish the municipality's
4 legitimate purpose.
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 Section 2. Effective date.
11 This act shall take effect in 60 days.
G23L53DMS/20070H1777B2375 - 2 -