Report Title:

Subdivisions; Amateur Radio Operator Equipment Installation

Description:

Permits the installation of amateur radio equipment in subdivisions if the operator is licensed by and equipment is approved by the Federal Communications Commission. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2774

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

RELATING TO SUBDIVISIONS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 484, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§484-    Amateur radio operations in subdivision. (a) Notwithstanding any other provision to the contrary in this chapter, in the declarations of any subdivision project, in any covenants, conditions, or restrictions, in the association documents of any planned community association, or in the bylaws of any subdivision association, any owner, including a lessee under a recorded lease with a term of ten or more years from its commencement date, of a lot in any subdivision, without needing to seek the consent of any other lot owner within the subdivision, any association of lot owners, or of the board thereof, or any managing agent, may install or cause the installation of antennas, conduits, chases, wires, and other telecommunications equipment directly attached to the owner's residence or other permitted structure on the owner's lot; provided that:

(1) The lot owner is an amateur radio operator licensed by the Federal Communications Commission;

(2) The antennas, conduits, chases, wires, and other telecommunications equipment are approved by the Federal Communications Commission; and

(3) The installation of the antennas, conduits, chases, wires, and other telecommunications equipment does not directly affect any other lot owner in the subdivision.

(b) As used in this section:

"Directly affect" means the installation of telecommunications equipment in a manner that would specially, personally, and adversely affect another lot owner in a manner not common to the other lot owners of the subdivision as a whole.

"Telecommunications equipment" shall be construed in the broadest possible senses in order to encompass all present and future forms of communications technology."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2030.