[TowerTalk] CC&Rs again - definition

Jim Miller JimMiller at STL-Online.Net
Thu Feb 5 21:10:27 EST 2004


Sorry this is so long, I didn't want to edit any part of it.

The question is the definition of "political subdivision".  This was touted at a meeting as meaning subdivision as we would like, i.e. as in CC&Rs, but I am skeptical.  I would like some expertise from the legal side to verify or discount this.

The bill follows (Missouri).

tnx es 73, de Jim KG0KP  



Here is the bill:

SECOND REGULAR SESSION

HOUSE BILL NO. 822

92ND GENERAL ASSEMBLY


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INTRODUCED BY REPRESENTATIVES LUETKEMEYER (Sponsor), SELBY, MOORE, SANDER, WHORTON AND RUESTMAN (Co-sponsors)

         Pre-filed December 8, 2003, and copies ordered printed. 

STEPHEN S. DAVIS, Chief Clerk

2685L.01I


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AN ACT

To amend chapter 67, RSMo, by adding thereto one new section relating to amateur radio antenna regulations.



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Be it enacted by the General Assembly of the state of Missouri, as follows:



            Section A. Chapter 67, RSMo, is amended by adding thereto one new section, to be known as section 67.329, to read as follows:

            67.329. No political subdivision shall enact or enforce any order or ordinance that does not comply with the limited preemption of the Federal Communications Commission Amateur Radio Preemption order, published at 101 F.C.C. 2d 952 (1985), or any regulation related to amateur radio service adopted under 47 CFR Part 97. Any order or ordinance relating to the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic considerations shall reasonably accommodate amateur communications and represent the minimal practicable regulation to accomplish the political subdivision's legitimate purpose.


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