Bill Text: MI SB1244 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Communications; broadcasting; local zoning restrictions for amateur radio; require to conform to federal regulations. Amends 2006 PA 110 (MCL 125.3101 - 125.3702) by adding sec. 205a.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2012-12-11 - Referred To Committee Of The Whole With Substitute S-1 [SB1244 Detail]

Download: Michigan-2011-SB1244-Introduced.html

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SENATE BILL No. 1244

 

 

September 11, 2012, Introduced by Senators JONES, CASWELL, SCHUITMAKER and MARLEAU and referred to the Committee on Local Government and Elections.

 

 

 

     A bill to amend 2006 PA 110, entitled

 

"Michigan zoning enabling act,"

 

(MCL 125.3101 to 125.3702) by adding section 205a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 205a. (1) A local unit of government shall not adopt an

 

ordinance that precludes federally licensed amateur radio service

 

communications or that does not comply with 47 CFR 97.15 and the

 

rules and regulations of the federal communications commission.

 

     (2) A local unit of government shall not restrict antennas or

 

antenna support structures of amateur radio operators to heights

 

below 90 feet, unless the restriction is shown by clear and

 

convincing evidence to be necessary to achieve a defined health,

 

safety, or aesthetic objective of the local unit of government. If

 

a local unit of government adopts an ordinance that regulates the

 

placement, screening, number, or height of a station antenna

 

structure, based on health, safety, or aesthetic considerations,

 

the ordinance shall do both of the following:

 

     (a) Reasonably accommodate federally licensed amateur radio

 

service communications.

 

     (b) Constitute the minimum regulation practicable to carry out

 

the legitimate purpose of the governing body.

 

     (3) This section does not apply to any district organized

 

pursuant to federal, state, or local law for the purpose of

 

historic preservation.

 

     (4) As used in this section:

 

     (a) "Amateur radio services" means that term as defined in 47

 

CFR 97.3.

 

     (b) "Amateur radio service communications" means

 

communications carried out by 1 or more of the amateur radio

 

services.

 

     (c) "Amateur station" means a station in an amateur radio

 

service consisting of the apparatus necessary for carrying on

 

radiocommunications.

 

     (d) "Station antenna structures" means the antennas that serve

 

a federally licensed amateur station, including the appurtenances

 

and other structures necessary to support, stabilize, raise, lower,

 

or otherwise adjust the antennas. The station antenna structures

 

shall not be construed to be permanent structures.