Sec. 1. 30-A MRSA §3012 is enacted to read:

§3012. Radio antenna towers; construction in conformance

with federal requirements

A municipality may not adopt or enforce any ordinance or regulation that is preempted by the Amateur Radio Preemption, 101 FCC 2d 952 (1985), as issued by the Federal Communications Commission, which states that local regulations that involve placement, screening or height of radio antennas based on health, safety or aesthetic considerations must be crafted to reasonably accommodate amateur radio communications and to represent the minimum practicable regulation to accomplish the municipality's legitimate purpose.

SUMMARY

This bill prohibits municipalities from adopting radio antenna ordinances that are preempted by the Federal Communications Commission. The bill allows ordinances to regulate the placement, screening or height of such radio antennas based on health, safety or aesthetic considerations as long as the ordinances reasonably accommodate amateur radio communications and represent the minimal practicable regulation to accomplish the town's or city's legitimate purpose.