Assembly Bill No. 61–Assemblyman Beers

Prefiled February 1, 2001

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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.

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

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

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:

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

1-2 new section to read as follows:

1-3 1. A governing body shall not adopt an ordinance, regulation or plan

1-4 or take any other action that precludes amateur service communications

1-5 or that in any other manner does not conform to the provisions of 47

1-6 C.F.R. § 97.15 and the limited preemption entitled “Amateur Radio

1-7 Preemption, 101 F.C.C. 2d 952 (1985)” as issued by the Federal

1-8 Communications Commission.

1-9 2. If a governing body adopts an ordinance, regulation or plan or

1-10 takes any other action that regulates the placement, screening or height

1-11 of a station antenna structure based on health, safety or aesthetic

1-12 considerations, the ordinance, regulation, plan or action must:

1-13 (a) Reasonably accommodate amateur service communications; and

1-14 (b) Constitute the minimum level of regulation practicable to carry out

1-15 the legitimate purpose of the governing body.

1-16 3. The provisions of this section do not apply to any district

1-17 organized pursuant to federal, state or local law for the purpose of

1-18 historic or architectural preservation.

1-19 4. Any ordinance, regulation or plan adopted by or other action

1-20 taken by a governing body in violation of the provisions of this section is

1-21 void.

2-1 5. As used in this section:

2-2 (a) “Amateur radio services” has the meaning ascribed to it in 47

2-3 C.F.R. § 97.3.

2-4 (b) “Amateur service communications” means communications

2-5 carried out by one or more of the amateur radio services.

2-6 (c) “Amateur station” has the meaning ascribed to it in 47 C.F.R. §

2-7 97.3.

2-8 (d) “Station antenna structure” means the antenna that serves an

2-9 amateur station, including such appurtenances and other structures as

2-10 may be necessary to support, stabilize, raise, lower or otherwise adjust

2-11 the antenna.

2-12 Sec. 2. NRS 278.010 is hereby amended to read as follows:

2-13 278.010 As used in NRS 278.010 to 278.630, inclusive, and section 1

2-14 of this act, unless the context otherwise requires, the words and terms

2-15 defined in NRS 278.0105 to 278.0195, inclusive, have the meanings

2-16 ascribed to them in those sections.

2-17 Sec. 3. Chapter 111 of NRS is hereby amended by adding thereto a

2-18 new section to read as follows:

2-19 1. Except as otherwise provided in this section, a covenant,

2-20 restriction or condition contained in a deed, contract or other legal

2-21 instrument which affects the use of, or the transfer, sale or any other

2-22 interest in real property is void and unenforceable to the extent that the

2-23 covenant, restriction or condition:

2-24 (a) Precludes amateur service communications; or

2-25 (b) Unreasonably restricts the placement, screening or height of a

2-26 station antenna structure used in amateur service communications,

2-27 including, without limitation, by placing a restriction or requirement on

2-28 the use of a station antenna structure that:

2-29 (1) Significantly decreases the performance of the station antenna

2-30 structure; and

2-31 (2) Does not allow for the use of an alternative station antenna

2-32 structure at a comparable cost and with comparable efficiency and

2-33 performance.

2-34 2. The provisions of this section do not apply to any district

2-35 organized pursuant to federal, state or local law for the purpose of

2-36 historic or architectural preservation.

2-37 3. As used in this section:

2-38 (a) “Amateur radio services” has the meaning ascribed to it in 47

2-39 C.F.R. § 97.3.

2-40 (b) “Amateur service communications” means communications

2-41 carried out by one or more of the amateur radio services.

2-42 (c) “Amateur station” has the meaning ascribed to it in 47 C.F.R. §

2-43 97.3.

2-44 (d) “Station antenna structure” means the antenna that serves an

2-45 amateur station, including such appurtenances and other structures as

2-46 may be necessary to support, stabilize, raise, lower or otherwise adjust

2-47 the antenna.

2-48 Sec. 4. A governing body shall review any ordinance, regulation or

2-49 plan that it has adopted or action it has taken before October 1, 2001,

3-1 relating to amateur service communications to determine whether such an

3-2 ordinance, regulation, plan or action conforms to the provisions of 47

3-3 C.F.R. § 97.15 and the limited preemption entitled “Amateur Radio

3-4 Preemption, 101 F.C.C. 2d 952 (1985)” as issued by the Federal

3-5 Communications Commission.

3-6 Sec. 5. The provisions of subsection 1 of section 3 of this act do not

3-7 apply to a covenant, restriction or condition contained in a deed, contract or

3-8 other legal instrument which is executed and recorded before October 1,

3-9 2001.

3-10 H