STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 1921	By:	DeWitt

AS INTRODUCED

An Act relating to cities and towns; amending 11 O.S. 2011, Section 55-103, which relates to municipal ordinances regulating amateur radio antenna and support structures; requiring municipal ordinance to be minimal regulation; placing certain burdens upon an authority upon the denial of an application; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     11 O.S. 2011, Section 55-103, is amended to read as follows:
Section 55-103.  A.  As used in this section:
1.  “Amateur radio” means the use of amateur radio and amateur satellite radio frequencies and services by qualified and federally authorized persons of any age who are interested in radio technique without pecuniary interest;
2.  “Antenna” means an array of wires, tubing, or the like used for the transmission and reception of radio waves; and
3.  “Antenna support structure” means a structure or framework that is designed to elevate an antenna above the ground for the purpose of increasing the effective communications range and reliability of an amateur radio station.  Amateur radio antenna support structures are removable by design and therefore are a removable structure for assessment purposes.
B.  A municipal ordinance regulating amateur radio antenna or amateur radio antenna support structures shall comply:
1.  Comply with the requirements of 47 C.F.R., Section 97.15(b), as amended from time to time, by allowing;
2.  Allow for the erection of an amateur radio antenna or an amateur radio antenna support structure at a height and dimension sufficient to reasonably accommodate amateur radio service communications, and shall only constitute the minimum practicable regulation necessary to accomplish the intent of this section; and
3.  Require that, upon denial of an application for approval of an amateur radio antenna or amateur radio antenna support structure, the authority denying the application state the reasons for the denial and on appeal bear the burden of proving that the actions of the authority are consistent with this section.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-5600	KB	01/04/13