House Bill 4335 History
OTHER VERSIONS -
Enrolled Version - Final Version
H. B. 4335
(By Mr. Speaker, Mr. Kiss, and Delegates
Spencer, Staton and Stemple)
[Introduced January 31, 2002; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend article one, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section thirteen,
requiring that any municipal or county ordinance
or order regulating the placing, screening or height of
amateur radio antennas meet certain requirements and comply
with Federal Communications Commission rules and regulations.
Be it enacted by the Legislature of West Virginia:
That article one, chapter seven of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section thirteen, to read
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-13. Regulation of amateur radio antennas.
A municipality or county may not enact or enforce an ordinance
or order 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.
If a municipality or a county adopts an ordinance or order
involving the placement, screening or height of an amateur radio
antenna based on health, safety or aesthetic conditions, the
ordinance or order must:
(a) Reasonably accommodate amateur communications; and
(b) Represent the minimal practicable regulation to accomplish
the municipality's or county's legitimate purpose.
This section does not prohibit a municipality or county from
taking any action to protect or preserve a historic, historical or
architectural district that is established by the municipality or
county or under state or federal law.
NOTE: The purpose of this bill is to require that any
municipal or county ordinance or order regulating the placing,
screening or height of amateur radio antennas include reasonable
accommodation of amateur communications, be practicable under the
circumstances and comply with FCC rules and regulations.
This section is new; therefore, strike-throughs and
underscoring have been omitted.