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