130th Ohio General Assembly
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H. B. No. 104  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 104


Representative Stebelton 

Cosponsor: Representative Huffman 



A BILL
To enact sections 303.214, 519.214, and 713.082 of the Revised Code 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.

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 Revised Code be enacted to read as follows:
Sec. 303.214.  (A) As used in this section:
(1) "Amateur service" means a radiocommunication service for the purpose of self-training, intercommunication, and technical investigations carried out by amateurs, that is, duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest.
(2) "Amateur radio service" means the amateur service, the amateur-satellite service, and the radio amateur civil emergency service as provided for under 47 C.F.R. part 97.
(3) "Amateur station" means a station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications.
(B) Sections 303.01 to 303.25 and 303.99 of the Revised Code do not confer on any county rural zoning commission, board of county commissioners, or board of zoning appeals the authority to preclude amateur service communications. In carrying out its authority under those sections, the commission or board shall reasonably accommodate amateur service communications, and its regulation of the antenna structure of an amateur station shall constitute the minimum practicable regulation to accomplish the commission's or board's legitimate purpose. The burden of proof shall be on the commission or board.
Sec. 519.214.  (A) As used in this section:
(1) "Amateur service" means a radiocommunication service for the purpose of self-training, intercommunication, and technical investigations carried out by amateurs, that is, duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest.
(2) "Amateur radio service" means the amateur service, the amateur-satellite service, and the radio amateur civil emergency service as provided for under 47 C.F.R. part 97.
(3) "Amateur station" means a station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications.
(B) Sections 519.01 to 519.25 and 519.99 of the Revised Code do not confer on any township zoning commission, board of township trustees, or board of zoning appeals the authority to preclude amateur service communications. In carrying out its authority under those sections, the commission or board shall reasonably accommodate amateur service communications, and its regulation of the antenna structure of an amateur station shall constitute the minimum practicable regulation to accomplish the commission's or board's legitimate purpose. The burden of proof shall be on the commission or board.
Sec. 713.082.  (A) As used in this section:
(1) "Amateur service" means a radiocommunication service for the purpose of self-training, intercommunication, and technical investigations carried out by amateurs, that is, duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest.
(2) "Amateur radio service" means the amateur service, the amateur-satellite service, and the radio amateur civil emergency service as provided for under 47 C.F.R. part 97.
(3) "Amateur station" means a station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications.
(B) Sections 713.06 to 713.15 of the Revised Code do not confer on any legislative authority of a municipal corporation the authority to preclude amateur service communications. In carrying out its authority under those sections, the legislative authority shall reasonably accommodate amateur service communications, and its regulation of the antenna structure of an amateur station shall constitute the minimum practicable regulation to accomplish the legislative authority's legitimate purpose. The burden of proof shall be on the legislative authority.
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