Senate Bill No. 261
(By Senators McCabe, Foster and Plymale)
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[Introduced January 24, 2006; referred to the Committee
on Transportation and Infrastructure; and then to the Committee
on Government Organization.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §7-1-3oo, relating
to authorizing county commissions to adopt ordinances to
regulate the siting of wireless telecommunications
facilities.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §7-1-3oo, to read as
follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3oo. Authority of counties to site wireless
telecommunications facilities.
Notwithstanding any provision of this code to the contrary,
a county commission may, by order entered of record, adopt an
ordinance to regulate the siting of wireless telecommunications
facilities. For purposes of this section "wireless telecommunications facilities" means and includes
telecommunications towers, towers and telecommunications sites
intended for transmitting and receiving radio, television,
cellular, paging, 911, personal telecommunications services,
commercial satellite services, microwave services and services
not licensed by the Federal Communications Commission.
NOTE: The purpose of this bill is to
authorize county
commissions to adopt ordinances to regulate the siting of
wireless telecommunications facilities.
This section is new; therefore, strike-throughs and
underscoring have been omitted.