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, relating to 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 as follows:
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.