[ARRL-OK] Senate Bill 426

[Eddie Manley]

SENATE BILL 426
    If you have not already heard, we did get an antenna bill passed in the 
Oklahoma Legislature, and signed by Governor Henry, this year.  It will go 
into effect November 1, 2007.  Our sincere THANKS go to Representative 
Sherrer and Senator Eaton for authoring and co-authoring this legislation. 
Representative Guy Liebmann [K5GL] for supporting our efforts.  Thanks to 
the many. many of you who wrote encouraging letters, emails and had personal 
conversations with our legislators.  A special thanks to David Johansson 
[KA5GLT] for getting this legislation started.  David is now a 'silent key'. 
Please see the entire bill, SB 424, as passed below.  We are the 24th State 
to have such a law on the books.

I have had several ask me, "what does our new Amateur Radio law do"?
   There is an excellent article in May 2007 issue of QST, Page 44.  PRB-1 
and CC&Rs -- What Should I Do Now?  Written by Dan Henderson N1ND, the ARRL 
Regulatory Information Branch Manager <n1nd at arrl.org>.   I'm going to take 
some excerpts from this article, because it really answers all the questions 
I've heard about our new law.  Please read the entire article on this 
subject.
   PRB-1 has been in effect quite some time and that particular FCC ruling 
has been codified as Section 97.15(b)in C.R.F. Part 47.  The law we enacted 
simply calls attention to this Federal Law.  It is called a "sister" law in 
the QST article.  "PRB-1 isn't a 'magic bullet'" quoting from the QST 
article -- it says that local zoning laws must 'reasonably accommodate' 
amateur antennas and support structures.  It is not 'anything goes'!  If an 
amateur is not satisfied with a local agreement, they may seek advice from 
ARRL on this subject.  This will not be legal advice, but they will help 
make an assessment of your situation, and this will help you resolve your 
differences.
    Covenants, Conditions and Restrictions [CC&R] are NOT covered by this 
law or the FCC Rule.  CC&R's are a different problem which is usually tied 
into the  deed of your property.  This is a 'non-governmental' type of 
restriction.  The QST article recommends that you have your attorney 
research any deed restrictions or conditions before you purchase any 
property, if you want to erect any antennas for amateur radio.
    A third condition is NOT cover by this law, is one that we do not think 
about often - this is rental property.  If you live in an apartment or rent 
your house and property, you might want to look at your rental agreement 
very closely.  If it has restrictions on antennas or radio transmissions, 
you may violate your lease if you attempt to use amateur radio.
   The ARRL Board of Directors have proposed legislation to expand PRB-1 
protection to all forms of land use.  This is the number 1 objective with 
the 110th Congress.  Help support this undertaking, as you have with our 
State legislation.

OUR NEW OKLAHOMA LAW
SECTION .     NEW LAW     A new section of law to be codified in the 
Oklahoma Statutes as Section 55-103 of Title 11, unless there is created a 
duplication in numbering, reads as follows:
A.  As used in this section:
1.  "Amateur radio" means the use of amateur radio and amateur satellite 
radio frequencies and services by qualified and federally authorized persons 
of any age who are interested in radio technique without pecuniary interest;
2.  "Antenna" means an array of wires, tubing, or the like used for the 
transmission and reception of radio waves; and
3.  "Antenna support structure" means a structure or framework that is 
designed to elevate an antenna above the ground for the purpose of 
increasing the effective communications range and reliability of an amateur 
radio station.  Amateur radio antenna support structures are removable by 
design and therefore are a removable structure for assessment purposes.
B.  A municipal ordinance regulating amateur radio antenna or amateur radio 
antenna support structures shall comply with the requirements of 47 C.F.R., 
Section 97.15(b), as amended from time to time, by allowing for the erection 
of an amateur radio antenna or an amateur radio antenna support structure at 
a height and dimension sufficient to accommodate amateur radio service 
communications.
SECTION .     REPEALER     Title 11 O.S. 2001, Section 47-119, is hereby 
repealed.
SECTION .  This act shall become effective November 1, 2007."