House File 266 - Introduced
HOUSE FILE
BY UPMEYER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act concerning the marking or lighting of antenna structures
2 and making a penalty applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1454YH 82
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PAG LIN
1 1 Section 1. NEW SECTION. 328.56 ANTENNA STRUCTURES ==
1 2 MARKING OR LIGHTING == PUBLIC NUISANCE.
1 3 1. The department shall adopt rules for the marking or
1 4 lighting of antenna structures that extend into navigable
1 5 airspace but are not required to comply with marking and
1 6 lighting specifications assigned by the federal communications
1 7 commission.
1 8 2. The owner of an antenna structure that requires notice
1 9 of proposed construction to the federal aviation
1 10 administration pursuant to 14 C.F.R. } 77.13 but is not
1 11 required to comply with marking and lighting specifications
1 12 assigned by the federal communications commission shall comply
1 13 with state standards established pursuant to this section.
1 14 3. An antenna structure that is not marked or lighted as
1 15 required under this section is deemed to be a public nuisance,
1 16 and the owner of the antenna structure may be punished as
1 17 provided in chapter 657.
1 18 EXPLANATION
1 19 This bill requires the state department of transportation
1 20 to adopt rules for the marking or lighting of antenna
1 21 structures that extend into navigable airspace but are not
1 22 required to be marked as aviation obstructions under federal
1 23 law. Currently, the owner of an antenna structure must apply
1 24 to the federal aviation administration for guidance on marking
1 25 or lighting of the structure. Radio antennas, digital
1 26 television towers, and cell phone towers are examples of
1 27 "antenna structures". The federal communications commission
1 28 requires many such antennas, deemed to be aviation
1 29 obstructions, to comply with the federal aviation
1 30 administration guidelines. Under the bill, only antenna
1 31 structures not subject to federal marking or lighting
1 32 requirements would be subject to state regulation.
1 33 The bill provides that an antenna structure not marked or
1 34 lighted in accordance with state requirements would be
1 35 considered a public nuisance. The remedies for a public
2 1 nuisance may include criminal prosecution, judgment for
2 2 damages, and orders for abatement. A person convicted of
2 3 erecting, causing, or continuing a public nuisance is guilty
2 4 of an aggravated misdemeanor, punishable by confinement for no
2 5 more than two years and a fine of at least $625 but not more
2 6 than $6,250.
2 7 LSB 1454YH 82
2 8 dea:nh/es/88