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H. B. No. 104 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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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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