BILL REQ. #:  S-0225.1 

Read first time 01/28/09.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to height restrictions on amateur radio antennas; and amending RCW 35.21.315, 35A.21.260, and 36.32.600.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 35.21.315 and 1994 c 50 s 1 are each amended to read as follows:
     No city or town shall enact or enforce an ordinance or regulation that fails to conform to the limited preemption entitled "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" issued by the federal communications commission. An ordinance or regulation adopted by a city or town with respect to amateur radio antennas shall conform to the limited federal preemption, that states local regulations that involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to reasonably accommodate amateur communications, and to represent the minimal practicable regulation to accomplish the local authority's legitimate purpose. However, no city or town shall restrict an amateur radio antenna height to less than seventy feet unless the restriction is necessary to achieve a clearly defined health, safety, or aesthetic consideration, and the city or town finds that these considerations are of greater benefit to its citizenry than the value the proposed antenna would add to the ability of the amateur radio network to fulfill its mission as part of the state and local emergency management organizations, including the provision of back-up emergency communications coverage without gaps for the entire state.

Sec. 2   RCW 35A.21.260 and 1994 c 50 s 2 are each amended to read as follows:
     No code city shall enact or enforce an ordinance or regulation that fails to conform to the limited preemption entitled "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" issued by the federal communications commission. An ordinance or regulation adopted by a code city with respect to amateur radio antennas shall conform to the limited federal preemption, that states local regulations that involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to reasonably accommodate amateur communications, and to represent the minimal practicable regulation to accomplish the local authority's legitimate purpose. However, no code city shall restrict an amateur radio antenna height to less than seventy feet unless the restriction is necessary to achieve a clearly defined health, safety, or aesthetic consideration, and the city or town finds that these considerations are of greater benefit to its citizenry than the value the proposed antenna would add to the ability of the amateur radio network to fulfill its mission as part of the state and local emergency management organizations, including the provision of back-up emergency communications coverage without gaps for the entire state.

Sec. 3   RCW 36.32.600 and 1994 c 50 s 3 are each amended to read as follows:
     No county shall enact or enforce an ordinance or regulation that fails to conform to the limited preemption entitled "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" issued by the federal communications commission. An ordinance or regulation adopted by a county with respect to amateur radio antennas shall conform to the limited federal preemption, that states local regulations that involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to reasonably accommodate amateur communications, and to represent the minimal practicable regulation to accomplish the local authority's legitimate purpose. However, no county shall restrict an amateur radio antenna height to less than seventy feet unless the restriction is necessary to achieve a clearly defined health, safety, or aesthetic consideration, and the city or town finds that these considerations are of greater benefit to its citizenry than the value the proposed antenna would add to the ability of the amateur radio network to fulfill its mission as part of the state and local emergency management organizations, including the provision of back-up emergency communications coverage without gaps for the entire state.