(a) A municipality, including a city and lesser incorporated area, or a county may not enact or enforce an ordinance that does not comply with the ruling of the federal communications commission in “In the Matter of Federal preemption of state and local regulations pertaining to Amateur radio facilities,” 101 FCC 2nd 952 (1985), or a regulation related to amateur radio service adopted under 47 C.F.R. § part chapter I, subchapter D, part 97.

Terms Used In Tennessee Code 6-54-130

  • City: means any city or territory to be incorporated that may adopt chapters 30-36 of this title. See Tennessee Code 6-30-102
  • County: means the county in which any such city or territory to be incorporated under chapters 30-36 of this title is located, or in which the major portion of the population of any such city or territory to be incorporated is located as indicated by the last federal census. See Tennessee Code 6-30-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) If a municipality adopts an ordinance involving the placement, screening or height of an amateur antenna based on health, safety, or aesthetic conditions, the ordinance shall:

(1) Reasonably accommodate amateur radio communications; and
(2) Represent the minimal practicable regulation to accomplish the municipality’s or county’s purpose.
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