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S. B. No. 93 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Senators Schaffer, Sawyer
Cosponsors:
Senators Brown, Seitz, Stewart, Manning
A BILL
To enact sections 303.214, 519.214, 713.082, and
5502.031 of the Revised Code to codify federal
restrictions on local zoning of amateur station
antenna structures thereby preserving amateur
radio service communications as a Homeland
Security resource.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 303.214, 519.214, 713.082, and
5502.031 of the Revised Code be enacted to read as follows:
Sec. 303.214. County rural zoning commissions, boards of
county commissioners, and county boards of zoning appeals shall
comply with section 5502.031 of the Revised Code.
Sec. 519.214. Township zoning commissions, boards of
township trustees, and township boards of zoning appeals shall
comply with section 5502.031 of the Revised Code.
Sec. 713.082. The legislative authorities of municipal
corporations, planning commissions established under section
713.01 of the Revised Code, and administrative boards created
under section 713.11 of the Revised Code shall comply with section
5502.031 of the Revised Code.
Sec. 5502.031. (A) As used in this section:
(1) "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.
(2) "Amateur station" means a station in an amateur radio
service consisting of the apparatus necessary for carrying on
radiocommunications.
(3) "Legislative authority" means the following:
(a) With respect to a county, any county rural zoning
commission, board of county commissioners, or county board of
zoning appeals;
(b) With respect to a township, any township zoning
commission, board of township trustees, or township board of
zoning appeals;
(c) With respect to a municipal corporation, the legislative
authority of any municipal corporation, a planning commission
established under section 713.01 of the Revised Code, or an
administrative board created under section 713.11 of the Revised
Code.
(B) Sections 303.01 to 303.25, 303.99, 519.01 to 519.25,
519.99, and 713.06 to 713.15 of the Revised Code do not confer on
any legislative authority the authority to preclude amateur radio
service communications. Any rules adopted under those sections by
a legislative authority to regulate amateur radio service shall
comply with the following limitations:
(1) The legislative authority shall not restrict the height
or dimensions of amateur station antenna structures in such a way
as to prevent effective amateur radio service communications. For
purposes of structure restrictions, seventy-five feet shall be
considered a reasonable antenna structure height.
(2) The rules shall reasonably accommodate amateur station
communications and shall constitute the minimum practicable
regulation necessary to accomplish the legislative authority's
purpose.
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