Assembly Bill No. 61–Assemblyman Beers

 

CHAPTER..........

 

AN ACT relating to property; prohibiting a governing body from taking certain actions that preclude amateur service communications; providing certain requirements relating to the regulation of the placement, screening or height of a station antenna structure; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. Chapter 278 of NRS is hereby amended by adding thereto a

 new section to read as follows:

   1.  A governing body shall not adopt an ordinance, regulation or plan

 or take any other action that precludes amateur service communications

 or that in any other manner does not conform to the provisions of 47

 C.F.R. § 97.15 and the limited preemption entitled “Amateur Radio

 Preemption, 101 F.C.C. 2d 952 (1985)” as issued by the Federal

 Communications Commission.

   2.  If a governing body adopts an ordinance, regulation or plan or

 takes any other action that regulates the placement, screening or height

 of a station antenna structure based on health, safety or aesthetic

 considerations, the ordinance, regulation, plan or action must:

   (a) Reasonably accommodate amateur service communications; and

   (b) Constitute the minimum level of regulation practicable to carry out

 the legitimate purpose of the governing body.

   3.  The provisions of this section do not apply to any district

 organized pursuant to federal, state or local law for the purpose of

 historic or architectural preservation.

   4.  Any ordinance, regulation or plan adopted by or other action

 taken by a governing body in violation of the provisions of this section is

 void.

   5.  As used in this section:

   (a) “Amateur radio services” has the meaning ascribed to it in 47

 C.F.R. § 97.3.

   (b) “Amateur service communications” means communications

 carried out by one or more of the amateur radio services.

   (c) “Amateur station” has the meaning ascribed to it in 47 C.F.R. §

 97.3.

   (d) “Station antenna structure” means the antenna that serves an

 amateur station, including such appurtenances and other structures as

 may be necessary to support, stabilize, raise, lower or otherwise adjust

 the antenna.

   Sec. 2.  NRS 278.010 is hereby amended to read as follows:

   278.010  As used in NRS 278.010 to 278.630, inclusive, and section 1

 of this act, unless the context otherwise requires, the words and terms

 defined in NRS 278.0105 to 278.0195, inclusive, have the meanings

 ascribed to them in those sections.

   Sec. 3.  A governing body shall review any ordinance, regulation or

 plan that it has adopted or action it has taken before October 1, 2001,

 relating to amateur service communications to determine whether such an

 ordinance, regulation, plan or action conforms to the provisions of 47

C.F.R. § 97.15 and the limited preemption entitled “Amateur Radio

Preemption, 101 F.C.C. 2d 952 (1985)” as issued by the Federal

 Communications Commission.

 

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