S T A T E O F N E W Y O R K
________________________________________________________________________
1565
2001-2002 Regular Sessions
I N A S S E M B L Y
January 16, 2001
___________
Introduced by M. of A. TOCCI -- read once and referred to the Committee
on Local Governments
AN ACT to amend the general municipal law, in relation to the
construction of antenna structures by amateur radio operators
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The general municipal law is amended by adding a new arti-
2 cle 13-E to read as follows:
3 ARTICLE 13-E
4 ANTENNA STRUCTURES; AMATEUR
5 RADIO OPERATORS
6 SECTION 300. DEFINITIONS.
7 301. PROHIBITIONS.
8 S 300. DEFINITIONS. AS USED IN THIS ARTICLE:
9 1. THE TERM "ANTENNA" MEANS AN ARRAY OF WIRES, TUBING OR THE LIKE USED
10 FOR THE TRANSMISSION AND RECEPTION OF RADIO WAVES.
11 2. THE TERM "ANTENNA SUPPORT STRUCTURE" MEANS A STRUCTURE OR FRAMEWORK
12 THAT IS DESIGNED TO ELEVATE AN ANTENNA ABOVE THE GROUND FOR THE PURPOSES
13 OF INCREASING THE EFFECTIVE COMMUNICATIONS RANGE AND RELIABILITY OF AN
14 AMATEUR RADIO STATION. AMATEUR RADIO ANTENNA SUPPORT STRUCTURES ARE
15 REMOVABLE BY DESIGN AND THEREFORE ARE A REMOVABLE STRUCTURE FOR TAX
16 ASSESSMENT PURPOSES.
17 3. THE TERM "AMATEUR RADIO" MEANS THE USE OF AMATEUR AND AMATEUR-SA-
18 TELLITE RADIO FREQUENCIES AND SERVICES USED BY LICENSED, QUALIFIED
19 PERSONS OF ANY AGE WHO ARE INTERESTED IN RADIO TECHNIQUE WITHOUT PECUNI-
20 ARY INTEREST. THESE SERVICES PRESENT AN OPPORTUNITY FOR PUBLIC SERVICE,
21 SELF-TRAINING, INTERCOMMUNICATION, AND TECHNICAL INVESTIGATIONS.
22 4. THE TERM "AMATEUR RADIO OPERATOR" MEANS ANY PERSON WHO HAS BEEN
23 DULY EXAMINED AND LICENSED BY THE FEDERAL COMMUNICATIONS COMMISSION OR
24 IT`S DESIGNEE FOR THE OPERATION OF TRANSMITTING AND RECEIVING APPARATUS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD01846-01-1
A. 1565 2
1 ON RADIO FREQUENCIES INTERNATIONALLY AGREED UPON FOR THE USE OF THE
2 AMATEUR RADIO SERVICE.
3 S 301. PROHIBITIONS. 1. NO POLITICAL SUBDIVISION ZONING ORDINANCE,
4 BY-LAW, RULE, REGULATION, ORDER OR OTHER LOCAL LAW OR ORDINANCE SHALL
5 PROHIBIT OR EFFECTIVELY PROHIBIT THE CONSTRUCTION OR USE OF AN ANTENNA
6 STRUCTURE BY A FEDERALLY LICENSED AMATEUR RADIO OPERATOR. ANY SUCH ORDI-
7 NANCE IMPACTING THE PLACEMENT, SCREENING OR HEIGHT OF ANTENNAS MUST
8 REASONABLY ACCOMMODATE AMATEUR RADIO ANTENNAS AND SHALL IMPOSE THE MINI-
9 MUM REGULATION NECESSARY TO ACCOMPLISH THE POLITICAL SUBDIVISION`S
10 LEGITIMATE PURPOSE. ANY SUCH ORDINANCE SHALL CONFORM TO THE LIMITED
11 PREEMPTION ENTITLED "AMATEUR RADIO PREEMPTION", 101 FCC 2ND 952 (1985)
12 ISSUED BY THE FEDERAL COMMUNICATIONS COMMISSION.
13 2. NO LOCAL ORDINANCE, BY-LAW, RULE OR REGULATION, OR OTHER LOCAL LAW
14 SHALL: (A) RESTRICT AMATEUR RADIO SUPPORT STRUCTURE HEIGHT TO LESS THAN
15 NINETY-FIVE FEET ABOVE GROUND LEVEL; OR (B) RESTRICT THE NUMBER OF
16 ANTENNA SUPPORT STRUCTURES.
17 S 2. This act shall take effect 180 days after it shall have become a
18 law.
.SO DOC A 1565 *END* BTXT 2001
