Download Zipped Enrolled WP 9 HB0079.ZIP
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H.B. 79 Enrolled
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.
(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.
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