Bill Text: OH HB104 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To codify federal restrictions on local zoning of the antenna structures of amateur radio stations and place the burden of proof for compliance on the zoning authority.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2009-03-30 - To Local Government/Public Administration [HB104 Detail]
Download: Ohio-2009-HB104-Introduced.html
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Representative Stebelton
Cosponsor:
Representative Huffman
| To enact sections 303.214, 519.214, and 713.082 of | 1 |
| the Revised Code to codify federal restrictions on | 2 |
| local zoning of the antenna structures of amateur | 3 |
| radio stations and place the burden of proof for | 4 |
| compliance on the zoning authority. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 303.214, 519.214, and 713.082 of the | 6 |
| Revised Code be enacted to read as follows: | 7 |
| Sec. 303.214. (A) As used in this section: | 8 |
| (1) "Amateur service" means a radiocommunication service for | 9 |
| the purpose of self-training, intercommunication, and technical | 10 |
| investigations carried out by amateurs, that is, duly authorized | 11 |
| persons interested in radio technique solely with a personal aim | 12 |
| and without pecuniary interest. | 13 |
| (2) "Amateur radio service" means the amateur service, the | 14 |
| amateur-satellite service, and the radio amateur civil emergency | 15 |
| service as provided for under 47 C.F.R. part 97. | 16 |
| (3) "Amateur station" means a station in an amateur radio | 17 |
| service consisting of the apparatus necessary for carrying on | 18 |
| radiocommunications. | 19 |
| (B) Sections 303.01 to 303.25 and 303.99 of the Revised Code | 20 |
| do not confer on any county rural zoning commission, board of | 21 |
| county commissioners, or board of zoning appeals the authority to | 22 |
| preclude amateur service communications. In carrying out its | 23 |
| authority under those sections, the commission or board shall | 24 |
| reasonably accommodate amateur service communications, and its | 25 |
| regulation of the antenna structure of an amateur station shall | 26 |
| constitute the minimum practicable regulation to accomplish the | 27 |
| commission's or board's legitimate purpose. The burden of proof | 28 |
| shall be on the commission or board. | 29 |
| Sec. 519.214. (A) As used in this section: | 30 |
| (1) "Amateur service" means a radiocommunication service for | 31 |
| the purpose of self-training, intercommunication, and technical | 32 |
| investigations carried out by amateurs, that is, duly authorized | 33 |
| persons interested in radio technique solely with a personal aim | 34 |
| and without pecuniary interest. | 35 |
| (2) "Amateur radio service" means the amateur service, the | 36 |
| amateur-satellite service, and the radio amateur civil emergency | 37 |
| service as provided for under 47 C.F.R. part 97. | 38 |
| (3) "Amateur station" means a station in an amateur radio | 39 |
| service consisting of the apparatus necessary for carrying on | 40 |
| radiocommunications. | 41 |
| (B) Sections 519.01 to 519.25 and 519.99 of the Revised Code | 42 |
| do not confer on any township zoning commission, board of township | 43 |
| trustees, or board of zoning appeals the authority to preclude | 44 |
| amateur service communications. In carrying out its authority | 45 |
| under those sections, the commission or board shall reasonably | 46 |
| accommodate amateur service communications, and its regulation of | 47 |
| the antenna structure of an amateur station shall constitute the | 48 |
| minimum practicable regulation to accomplish the commission's or | 49 |
| board's legitimate purpose. The burden of proof shall be on the | 50 |
| commission or board. | 51 |
| Sec. 713.082. (A) As used in this section: | 52 |
| (1) "Amateur service" means a radiocommunication service for | 53 |
| the purpose of self-training, intercommunication, and technical | 54 |
| investigations carried out by amateurs, that is, duly authorized | 55 |
| persons interested in radio technique solely with a personal aim | 56 |
| and without pecuniary interest. | 57 |
| (2) "Amateur radio service" means the amateur service, the | 58 |
| amateur-satellite service, and the radio amateur civil emergency | 59 |
| service as provided for under 47 C.F.R. part 97. | 60 |
| (3) "Amateur station" means a station in an amateur radio | 61 |
| service consisting of the apparatus necessary for carrying on | 62 |
| radiocommunications. | 63 |
| (B) Sections 713.06 to 713.15 of the Revised Code do not | 64 |
| confer on any legislative authority of a municipal corporation the | 65 |
| authority to preclude amateur service communications. In carrying | 66 |
| out its authority under those sections, the legislative authority | 67 |
| shall reasonably accommodate amateur service communications, and | 68 |
| its regulation of the antenna structure of an amateur station | 69 |
| shall constitute the minimum practicable regulation to accomplish | 70 |
| the legislative authority's legitimate purpose. The burden of | 71 |
| proof shall be on the legislative authority. | 72 |
