PRIOR PRINTER'S NOS. 1076, 2242 PRINTER'S NO. 2383
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 18, 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.--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
1 adopted by a municipality involving the placement, screening or
2 height of an amateur radio antenna based on health, safety or
3 aesthetic considerations shall reasonably accommodate amateur
4 radio service communications and represent the minimum
5 practicable regulation to accomplish the municipality's
6 legitimate purpose.
7 (A) GENERAL RULE.--A MUNICIPALITY THAT ADOPTS AN ORDINANCE, <--
8 REGULATION OR PLAN OR TAKES ANY OTHER ACTION INVOLVING THE
9 PLACEMENT, SCREENING OR HEIGHT OF ANTENNAS OR ANTENNA SUPPORT
10 STRUCTURES SHALL REASONABLY ACCOMMODATE AMATEUR RADIO SERVICE
11 COMMUNICATIONS, AND SHALL IMPOSE ONLY THE MINIMUM REGULATIONS
12 NECESSARY TO ACCOMPLISH THE LEGITIMATE PURPOSE OF THE
13 MUNICIPALITY.
14 (B) REASONABLE ACCOMMODATIONS.--A MUNICIPALITY MAY IMPOSE
15 NECESSARY REGULATIONS TO ENSURE THE SAFETY OF AMATEUR RADIO
16 ANTENNA STRUCTURES, BUT MUST REASONABLY ACCOMMODATE AMATEUR
17 SERVICE COMMUNICATIONS. NO ORDINANCE, REGULATION, PLAN OR ANY
18 OTHER ACTION SHALL RESTRICT AMATEUR RADIO ANTENNA HEIGHT TO LESS
19 THAN 65 FEET ABOVE GROUND LEVEL.
20 (c) Construction.--The provisions of this section shall not
21 be construed to prohibit a municipality from taking action to
22 protect or preserve a historic, a historical or an architectural
23 district that is established by the municipality or pursuant to
24 Federal or State law.
25 Section 2. Effective date.
26 This act shall take effect in 60 days.
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