(1)  A municipality may not enact or enforce an ordinance that does not comply with the ruling of the Federal Communications Commission in “Amateur Radio Preemption, 101 FCC 2nd 952 (1985)” or a regulation related to amateur radio service adopted under 47 C.F.R. part 97.

Terms Used In Utah Code 10-9a-515

  • Municipality: means :
(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
(b) a town, as classified in Section 10-2-301; or
(c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
(2)  If a municipality adopts an ordinance involving the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic conditions, the ordinance shall:

(a)  reasonably accommodate amateur radio communications; and

(b)  represent the minimal practicable regulation to accomplish the municipality’s purpose.

Renumbered and Amended by Chapter 254, 2005 General Session