Tuesday, 07 February 2012
HB79 PDF Print E-mail
Written by Alan Malan   
Saturday, 14 November 2009 14:38
Go here to see HB79 passed and signed in 2003.

http://www.le.state.ut.us/~2003/htmdoc/hbillhtm/HB0079.htm

the text is short and sweet..;-)
so I included it below.

Hopefully this helps someone show some municipalities the error of their ways.
This might also be a link we could include on the club website.
just in case some club members run into this and need some extra info.

Enrolled Copy H.B. 79
REGULATION OF AMATEUR RADIO
ANTENNAS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Neal B. Hendrickson
This act enacts provisions prohibiting municipalities and counties from enacting ordinances that fail to comply with federal regulation regarding amateur radio antennas.
The act requires any municipal or county ordinance involving amateur radio antennas to accommodate amateur radio communications and to represent the minimal practicable regulation to accomplish the municipality or county purpose.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
10-9-108, Utah Code Annotated 1953
17-27-107, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-9-108 is enacted to read:
10-9-108. Regulation of amateur radio antennas.
(1) A municipality may not enact or enforce an ordinance that does not comply with the ruling of the Federal Communications Commission in "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" or a regulation related to amateur radio service adopted under 47 C.F.R.
Part 97.
(2) If a municipality adopts an ordinance involving the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic conditions, the ordinance
shall:
(a) reasonably accommodate amateur radio communications; and
(b) represent the minimal practicable regulation to accomplish the municipality's purpose.
Section 2. Section 17-27-107 is enacted to read:
17-27-107. Regulation of amateur radio antennas.
H.B. 79 Enrolled Copy
(1) A county may not enact or enforce an ordinance that does not comply with the ruling of the Federal Communications Commission in "Amateur Radio Preemption,
101 FCC 2nd 952
(1985)" or a regulation related to amateur radio service adopted under
47 C.F.R. Part 97.
(2) If a county adopts an ordinance involving the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic conditions, the ordinance shall:
(a) reasonably accommodate amateur radio communications; and
(b) represent the minimal practicable regulation to accomplish the county's purpose.

 

 

Last Updated on Friday, 15 January 2010 07:08