HP1099, LD 1507, item 1, An Act Relating to Amateur Radio Service

An Act Relating to Amateur Radio Service

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 10 MRSA c. 213-A is enacted to read:

CHAPTER 213-A

AMATEUR RADIO SERVICE ACT

§ 1409. Amateur radio station operation protection

1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

A. "Amateur radio operator" means a person licensed by the Federal Communications Commission under 47 Code of Federal Regulations, Part 97 to operate an amateur radio station;

B. "Amateur radio station" means a radio station capable of transmitting and receiving radio signals sent by an amateur radio operator in accordance with 47 Code of Federal Regulations, Part 97;

C. "Amateur radio transceiver" means a radio apparatus capable of 2-way communications on frequencies allocated for amateur radio service, as defined under 47 Code of Federal Regulations, Part 97, to an amateur radio operator;

D. "Antenna" means a device connected to an amateur radio transceiver to either radiate radio signals to or receive them from an amateur radio station.

E. "Homeowner" means a person governed by restrictive covenants, deed restrictions or limits on the use of land or buildings imposed by a homeowners association; and

F. "Homeowners association" means a nonprofit organization:

(1) Of which owners of real estate, described in a declaration or covenant or other applicable legal instrument, are required to be members; and

(2) That requires members to pay a share of the costs, including but not limited to real estate taxes, insurance premiums, maintenance services, improvements or other costs, related to common property owned by the homeowners association and not owned exclusively by any member.

2. Prohibition. Except as provided in subsection 3, a homeowners association may not prohibit or restrict the construction or operation of an amateur radio station by a homeowner who is an amateur radio operator as long as the outdoor antenna used by the amateur radio operator is concealed from public view or constructed to occupy minimal space and is located on property under exclusive control of the amateur radio operator.

3. Exceptions. Nothing in this chapter prohibits a homeowners association from:

A. Requiring an amateur radio operator to obtain prior written approval from a homeowners association before installing an outdoor antenna;

B. Prohibiting installation of an outdoor antenna or antenna support structure by an amateur radio operator on common property not under the exclusive use or control of the amateur radio operator; or

C. Establishing reasonable requirements governing the height, location, size, aesthetic impact and installation of an outdoor antenna and antenna support structure for an amateur radio station.

summary

This bill prohibits a homeowners association, which is defined in this bill, from restricting the construction and operation of an amateur radio station by an amateur radio operator licensed by the Federal Communications Commission. This bill allows homeowners associations to establish certain requirements concerning the construction and appearance of amateur radio station antennas.

HP1099 LD 1507	Session - 129th Maine Legislature		LR 654 Item 1
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