12-16,126.Kansas emergency communications
preservation act.
(a) In order to enhance and preserve the operation of federally licensed
amateur radio communications and to ensure its continued role in serving as an
integral resource during times of emergency for Kansas and its communities,
there is hereby enacted an act which may be known and cited as the Kansas
emergency communications preservation act.
(b) As used in this section:
(1) "Amateur radio services" means:
(A) Amateur service, as defined in 47 C.F.R. 97.3 (April 25, 2001) as a
radiocommunication service for the purpose of self-training, intercommunication
and technical investigations carried
out by amateurs, that is, duly authorized persons interested in radio
technique solely with a personal aim and without pecuniary interest;
(B) amateur-satellite service, as defined in
47 C.F.R. 97.3
(April 25, 2001) as a radiocommunication service using stations on
earth satellites for the same purpose as those of the amateur
service; and
(C) radio amateur civil emergency service, as defined in 47 C.F.R.
97.407 (February 10, 2000).
(2) "Amateur service communications" means communications carried
out by one or more of the federally licensed amateur radio services.
(3) "Amateur station" means a station in an amateur radio service consisting
of the apparatus necessary for carrying on radiocommunications.
(4) "Station antenna structures" means the antennas that
serve a federally
licensed amateur station, including such appurtenances and other
structures as may be necessary to support, stabilize, raise, lower or
otherwise adjust the antennas. The station antenna structures shall not be
construed to be permanent structures.
(c) A governing body of a city or county shall not adopt an ordinance,
resolution, regulation or plan, or take any
other action that precludes federally licensed amateur radio service
communications, or that in any 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.
(d) If a governing body of a city or county adopts an ordinance, resolution,
regulation or plan, or takes any other
action that regulates the placement, screening, number or height of a station
antenna structure based on health, safety or aesthetic considerations, the
ordinance, resolution, regulation, plan or action must:
(1) Reasonably accommodate federally licensed amateur radio
service communications; and
(2) constitute the minimum regulation practicable to carry
out the legitimate purpose of the governing body.
(e) 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.
(f) Any ordinance, resolution, regulation, plan or other action adopted or
taken by a governing body in violation of the provisions of this section is
void.
(g) Station antenna structures constructed prior to the effective date of
this section are exempted from subsequent changes in zoning regulations by the
city or county and may be repaired as required.
12-16,126.Kansas emergency communications
preservation act.
(a) In order to enhance and preserve the operation of federally licensed
amateur radio communications and to ensure its continued role in serving as an
integral resource during times of emergency for Kansas and its communities,
there is hereby enacted an act which may be known and cited as the Kansas
emergency communications preservation act.
(b) As used in this section:
(1) "Amateur radio services" means:
(A) Amateur service, as defined in 47 C.F.R. 97.3 (April 25, 2001) as a
radiocommunication service for the purpose of self-training, intercommunication
and technical investigations carried
out by amateurs, that is, duly authorized persons interested in radio
technique solely with a personal aim and without pecuniary interest;
(B) amateur-satellite service, as defined in
47 C.F.R. 97.3
(April 25, 2001) as a radiocommunication service using stations on
earth satellites for the same purpose as those of the amateur
service; and
(C) radio amateur civil emergency service, as defined in 47 C.F.R.
97.407 (February 10, 2000).
(2) "Amateur service communications" means communications carried
out by one or more of the federally licensed amateur radio services.
(3) "Amateur station" means a station in an amateur radio service consisting
of the apparatus necessary for carrying on radiocommunications.
(4) "Station antenna structures" means the antennas that
serve a federally
licensed amateur station, including such appurtenances and other
structures as may be necessary to support, stabilize, raise, lower or
otherwise adjust the antennas. The station antenna structures shall not be
construed to be permanent structures.
(c) A governing body of a city or county shall not adopt an ordinance,
resolution, regulation or plan, or take any
other action that precludes federally licensed amateur radio service
communications, or that in any 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.
(d) If a governing body of a city or county adopts an ordinance, resolution,
regulation or plan, or takes any other
action that regulates the placement, screening, number or height of a station
antenna structure based on health, safety or aesthetic considerations, the
ordinance, resolution, regulation, plan or action must:
(1) Reasonably accommodate federally licensed amateur radio
service communications; and
(2) constitute the minimum regulation practicable to carry
out the legitimate purpose of the governing body.
(e) 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.
(f) Any ordinance, resolution, regulation, plan or other action adopted or
taken by a governing body in violation of the provisions of this section is
void.
(g) Station antenna structures constructed prior to the effective date of
this section are exempted from subsequent changes in zoning regulations by the
city or county and may be repaired as required.
12-16,126.Kansas emergency communications
preservation act.
(a) In order to enhance and preserve the operation of federally licensed
amateur radio communications and to ensure its continued role in serving as an
integral resource during times of emergency for Kansas and its communities,
there is hereby enacted an act which may be known and cited as the Kansas
emergency communications preservation act.
(b) As used in this section:
(1) "Amateur radio services" means:
(A) Amateur service, as defined in 47 C.F.R. 97.3 (April 25, 2001) as a
radiocommunication service for the purpose of self-training, intercommunication
and technical investigations carried
out by amateurs, that is, duly authorized persons interested in radio
technique solely with a personal aim and without pecuniary interest;
(B) amateur-satellite service, as defined in
47 C.F.R. 97.3
(April 25, 2001) as a radiocommunication service using stations on
earth satellites for the same purpose as those of the amateur
service; and
(C) radio amateur civil emergency service, as defined in 47 C.F.R.
97.407 (February 10, 2000).
(2) "Amateur service communications" means communications carried
out by one or more of the federally licensed amateur radio services.
(3) "Amateur station" means a station in an amateur radio service consisting
of the apparatus necessary for carrying on radiocommunications.
(4) "Station antenna structures" means the antennas that
serve a federally
licensed amateur station, including such appurtenances and other
structures as may be necessary to support, stabilize, raise, lower or
otherwise adjust the antennas. The station antenna structures shall not be
construed to be permanent structures.
(c) A governing body of a city or county shall not adopt an ordinance,
resolution, regulation or plan, or take any
other action that precludes federally licensed amateur radio service
communications, or that in any 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.
(d) If a governing body of a city or county adopts an ordinance, resolution,
regulation or plan, or takes any other
action that regulates the placement, screening, number or height of a station
antenna structure based on health, safety or aesthetic considerations, the
ordinance, resolution, regulation, plan or action must:
(1) Reasonably accommodate federally licensed amateur radio
service communications; and
(2) constitute the minimum regulation practicable to carry
out the legitimate purpose of the governing body.
(e) 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.
(f) Any ordinance, resolution, regulation, plan or other action adopted or
taken by a governing body in violation of the provisions of this section is
void.
(g) Station antenna structures constructed prior to the effective date of
this section are exempted from subsequent changes in zoning regulations by the
city or county and may be repaired as required.