Bill Title: To codify federal restrictions on local zoning of amateur station antenna structures thereby preserving amateur radio service communications as a Homeland Security resource.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Introduced - Dead) 2011-02-23 - To State & Local Government & Veterans Affairs
[SB93 Detail]Download: Ohio-2011-SB93-Introduced.html
As Introduced
| 129th General Assembly | | Regular Session | | 2011-2012 |
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Cosponsors:
Senators Brown, Seitz, Stewart, Manning
A BILL
| To enact sections 303.214, 519.214, 713.082, and | 1 |
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5502.031 of the Revised Code to codify federal | 2 |
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restrictions on local zoning of amateur station | 3 |
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antenna structures thereby preserving amateur | 4 |
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radio service communications as a Homeland | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 303.214, 519.214, 713.082, and | 7 |
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5502.031 of the Revised Code be enacted to read as follows: | 8 |
| Sec. 303.214. County rural zoning commissions, boards of | 9 |
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county commissioners, and county boards of zoning appeals shall | 10 |
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comply with section 5502.031 of the Revised Code. | 11 |
| Sec. 519.214. Township zoning commissions, boards of | 12 |
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township trustees, and township boards of zoning appeals shall | 13 |
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comply with section 5502.031 of the Revised Code. | 14 |
| Sec. 713.082. The legislative authorities of municipal | 15 |
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corporations, planning commissions established under section | 16 |
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713.01 of the Revised Code, and administrative boards created | 17 |
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under section 713.11 of the Revised Code shall comply with section | 18 |
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5502.031 of the Revised Code. | 19 |
| Sec. 5502.031. (A) As used in this section: | 20 |
| (1) "Amateur radio service" means the amateur service, the | 21 |
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amateur-satellite service, and the radio amateur civil emergency | 22 |
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service as provided for under 47 C.F.R. part 97. | 23 |
| (2) "Amateur station" means a station in an amateur radio | 24 |
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service consisting of the apparatus necessary for carrying on | 25 |
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radiocommunications. | 26 |
| (3) "Legislative authority" means the following: | 27 |
| (a) With respect to a county, any county rural zoning | 28 |
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commission, board of county commissioners, or county board of | 29 |
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zoning appeals; | 30 |
| (b) With respect to a township, any township zoning | 31 |
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commission, board of township trustees, or township board of | 32 |
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zoning appeals; | 33 |
| (c) With respect to a municipal corporation, the legislative | 34 |
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authority of any municipal corporation, a planning commission | 35 |
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established under section 713.01 of the Revised Code, or an | 36 |
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administrative board created under section 713.11 of the Revised | 37 |
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Code. | 38 |
| (B) Sections 303.01 to 303.25, 303.99, 519.01 to 519.25, | 39 |
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519.99, and 713.06 to 713.15 of the Revised Code do not confer on | 40 |
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any legislative authority the authority to preclude amateur radio | 41 |
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service communications. Any rules adopted under those sections by | 42 |
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a legislative authority to regulate amateur radio service shall | 43 |
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comply with the following limitations: | 44 |
| (1) The legislative authority shall not restrict the height | 45 |
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or dimensions of amateur station antenna structures in such a way | 46 |
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as to prevent effective amateur radio service communications. For | 47 |
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purposes of structure restrictions, seventy-five feet shall be | 48 |
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considered a reasonable antenna structure height. | 49 |
| (2) The rules shall reasonably accommodate amateur station | 50 |
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communications and shall constitute the minimum practicable | 51 |
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regulation necessary to accomplish the legislative authority's | 52 |
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purpose. | 53 |
