An Act Relating to Amateur Radio Service
Maine Legislature, Session 129, LD 1507
Committee: Judiciary
Sponsors: DeVEAU, MORRIS

Legislative Document
No. 1507
H.P. 1099
House of Representatives, April 4, 2019
An Act Relating to Amateur Radio Service
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative DeVEAU of Caribou.
Cosponsored by Representative: MORRIS of Turner.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA c. 213-A is enacted to read:
CHAPTER 213-A
AMATEUR RADIO SERVICE ACT
§1409.  Amateur radio station operation protection
1.  Definitions.  As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Amateur radio operator" means a person licensed by the Federal 
Communications Commission under 47 Code of Federal Regulations, Part 97 to 
operate an amateur radio station;
B.  "Amateur radio station" means a radio station capable of transmitting and 
receiving radio signals sent by an amateur radio operator in accordance with 47 Code 
of Federal Regulations, Part 97;
C.  "Amateur radio transceiver" means a radio apparatus capable of 2-way 
communications on frequencies allocated for amateur radio service, as defined under 
Code of Federal Regulations, Part 97, to an amateur radio operator;
D.  "Antenna" means a device connected to an amateur radio transceiver to either 
radiate radio signals to or receive them from an amateur radio station.
E.  "Homeowner" means a person governed by restrictive covenants, deed restrictions 
or limits on the use of land or buildings imposed by a homeowners association; and
F.  "Homeowners association" means a nonprofit organization:
(1)  Of which owners of real estate, described in a declaration or covenant or 
other applicable legal instrument, are required to be members; and
(2)  That requires members to pay a share of the costs, including but not limited 
to real estate taxes, insurance premiums, maintenance services, improvements or 
other costs, related to common property owned by the homeowners association 
and not owned exclusively by any member.
2.  Prohibition.  Except as provided in subsection 3, a homeowners association may 
not prohibit or restrict the construction or operation of an amateur radio station by a 
homeowner who is an amateur radio operator as long as the outdoor antenna used by the 
amateur radio operator is concealed from public view or constructed to occupy minimal 
space and is located on property under exclusive control of the amateur radio operator.
3.  Exceptions.  Nothing in this chapter prohibits a homeowners association from:
A.  Requiring an amateur radio operator to obtain prior written approval from a 
homeowners association before installing an outdoor antenna;
B.  Prohibiting installation of an outdoor antenna or antenna support structure by an 
amateur radio operator on common property not under the exclusive use or control of 
the amateur radio operator; or
C.  Establishing reasonable requirements governing the height, location, size, 
aesthetic impact and installation of an outdoor antenna and antenna support structure 
for an amateur radio station.
SUMMARY
This bill prohibits a homeowners association, which is defined in this bill, from 
restricting the construction and operation of an amateur radio station by an amateur radio 
operator licensed by the Federal Communications Commission.  This bill allows 
homeowners associations to establish certain requirements concerning the construction 
and appearance of amateur radio station antennas.