A.B. 61
ASSEMBLY BILL NO. 61­ASSEMBLYMAN BEERS
PREFILED FEBRUARY 1, 2001
____________
Referred to Committee on Government Affairs

SUMMARY‹Prohibits certain restrictions pertaining to station antenna
structures used in amateur service communications. (BDR 22-672)

FISCAL NOTE:
Effect on Local Government: No.
Effect on the State: No.

EXPLANATION ­ Matter in bolded italics is new; matter between brackets
[omitted material] is material to be omitted.

AN ACT relating to property; prohibiting certain restrictions
pertaining to station antenna structures used in amateur service
communications; 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. Chapter 111 of NRS is hereby amended by adding thereto a new
section to read as follows:

1. Except as otherwise provided in this section, a covenant,
restriction or condition contained in a deed, contract or other legal
instrument which affects the use of, or the transfer, sale or any
other interest in real property is void and unenforceable to the
extent that the covenant, restriction or condition:

(a) Precludes amateur service communications; or

(b) Unreasonably restricts the placement, screening or height of a
station antenna structure used in amateur service communications,
including, without limitation, by placing a restriction or requirement
on the use of a station antenna structure that:

(1) Significantly decreases the performance of the station antenna
structure; and

(2) Does not allow for the use of an alternative station antenna
structure at a comparable cost and with comparable efficiency and
performance.

2. 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.

3. 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. 4. 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.

Sec. 5. The provisions of subsection 1 of section 3 of this act do not
apply to a covenant, restriction or condition contained in a deed,
contract or other legal instrument which is executed and recorded
before October 1, 2001.
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