PRIOR PRINTER'S NO. 1076 PRINTER'S NO. 2242
No. 884 Session of 2007
INTRODUCED BY GREENLEAF, ROBBINS, COSTA, FONTANA, BROWNE, STOUT, REGOLA AND DINNIMAN, JUNE 1, 2007
SENATOR REGOLA, LOCAL GOVERNMENT, AS AMENDED, JUNE 25, 2008
AN ACT 1 Restricting municipalities from regulating amateur radio service <-- 2 communications. 3 AMENDING TITLE 53 (MUNICIPALITIES GENERALLY) OF THE PENNSYLVANIA <-- 4 CONSOLIDATED STATUTES, RESTRICTING MUNICIPALITIES FROM 5 REGULATING AMATEUR RADIO SERVICE COMMUNICATIONS. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Restriction on municipal regulation of amateur radio <-- 9 service communications. 10 (a) General rule.--No municipality may adopt an ordinance, 11 regulation or plan or take any other action that precludes 12 amateur radio service communications or that in any other manner 13 does not comply with the limited preemption of the Federal 14 Communications Commission Amateur Radio Preemption order, 15 published at 101 F.C.C. 2d 952 (1985), or any regulation related 16 to amateur radio service adopted under 47 CFR Pt. 97 (relating 17 to amateur radio service). 18 (b) Reasonable accommodations.--Any ordinance or regulation 19 adopted by a municipality involving the placement, screening or
1 height of an amateur radio antenna based on health, safety or 2 aesthetic considerations shall reasonably accommodate amateur 3 radio service communications and represent the minimum 4 practicable regulation to accomplish the municipality's 5 legitimate purpose. 6 (c) Construction.--The provisions of this section shall not 7 be construed to prohibit a municipality from taking action to 8 protect or preserve a historic, a historical or an architectural 9 district that is established by the municipality or pursuant to 10 Federal or State law. 11 SECTION 1. TITLE 53 OF THE PENNSYLVANIA CONSOLIDATED <-- 12 STATUTES IS AMENDED BY ADDING A SECTION TO READ: 13 § 302. RESTRICTION ON MUNICIPAL REGULATION OF AMATEUR RADIO 14 SERVICE COMMUNICATIONS. 15 (A) GENERAL RULE.--NO MUNICIPALITY MAY ADOPT AN ORDINANCE, 16 REGULATION OR PLAN OR TAKE ANY OTHER ACTION THAT PRECLUDES 17 AMATEUR RADIO SERVICE COMMUNICATIONS OR THAT IN ANY OTHER MANNER 18 DOES NOT COMPLY WITH THE LIMITED PREEMPTION OF THE FEDERAL 19 COMMUNICATIONS COMMISSION AMATEUR RADIO PREEMPTION ORDER, 20 PUBLISHED AT 101 F.C.C. 2D 952 (1985), OR ANY REGULATION RELATED 21 TO AMATEUR RADIO SERVICE ADOPTED UNDER 47 CFR PT. 97 (RELATING 22 TO AMATEUR RADIO SERVICE). 23 (B) REASONABLE ACCOMMODATIONS.--ANY ORDINANCE OR REGULATION 24 ADOPTED BY A MUNICIPALITY INVOLVING THE PLACEMENT, SCREENING OR 25 HEIGHT OF AN AMATEUR RADIO ANTENNA BASED ON HEALTH, SAFETY OR 26 AESTHETIC CONSIDERATIONS SHALL REASONABLY ACCOMMODATE AMATEUR 27 RADIO SERVICE COMMUNICATIONS AND REPRESENT THE MINIMUM 28 PRACTICABLE REGULATION TO ACCOMPLISH THE MUNICIPALITY'S 29 LEGITIMATE PURPOSE. 30 (C) CONSTRUCTION.--THE PROVISIONS OF THIS SECTION SHALL NOT 20070S0884B2242 - 2 -
1 BE CONSTRUED TO PROHIBIT A MUNICIPALITY FROM TAKING ACTION TO 2 PROTECT OR PRESERVE A HISTORIC, A HISTORICAL OR AN ARCHITECTURAL 3 DISTRICT THAT IS ESTABLISHED BY THE MUNICIPALITY OR PURSUANT TO 4 FEDERAL OR STATE LAW. 5 Section 2. Effective date. 6 This act shall take effect in 60 days. E9L53DMS/20070S0884B2242 - 3 -