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        PRIOR PRINTER'S NO. 1076                      PRINTER'S NO. 2242

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

        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.
















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