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
  5 dea/es/88

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