HB 417 - AS INTRODUCED
2019 SESSION
19-0574
10/01
HOUSE BILL 417
AN ACT relative to property restrictions on certain amateur radio antennas.
SPONSORS: Rep. Aldrich, Belk. 2; Rep. Torosian, Rock. 14
COMMITTEE: Commerce and Consumer Affairs
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ANALYSIS
This bill regulates the enforcement of property restrictions by a community association on the installation and maintenance of amateur radio antennas.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0574
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to property restrictions on certain amateur radio antennas.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Amateur Radio Antenna. Amend RSA 477 by inserting after section 22-a the following new section:
477:22-b Amateur Radio Antenna; Enforcement of Restrictions.
I. In this section:
(a) “Amateur radio services”, “amateur service”, and “amateur station” have the meanings given such terms in the Code of Federal Regulations, 47 C.F.R. 97.3.
(b) “Community association” means any non-profit mandatory membership organization composed of owners of real estate described in a declaration of covenants or created pursuant to a covenant or other applicable law with respect to which a person, by virtue of the person’s ownership of or interest in a unit or parcel, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, improvement, services, or other expenses related to common elements, other units, or any other real estate other than the unit or parcel described in the declaration.
II. No property restriction or private land use restriction of a community association, including a restrictive covenant, shall be enforced which:
(a) On its face or as applied, precludes communications in an amateur radio service regulated under federal law in 47 C.F.R, Part 97;
(b) Fails to permit a licensee in an amateur radio service to install and maintain an effective outdoor antenna on property under the exclusive use or control of the licensee; or
(c) Does not constitute the minimum practicable restriction on such communications to accomplish the lawful purposes of a covenant or bylaw seeking to enforce such restriction.
III. The amateur radio antenna licensee shall be required to notify and obtain prior approval from the community association concerning installation of an outdoor antenna.
IV. A community association may prohibit installation of any antenna or antenna support structure by a licensee in an amateur radio service on common property which is not under the exclusive use or control of the licensee.
V. Subject to paragraph I, a community association may establish reasonable written rules concerning height, location, size, and aesthetic impact of, and installation requirements for, outdoor antennas and support structures for the purpose of conducting communications in the amateur radio services.
2 Effective Date. This act shall take effect 60 days after its passage.