(2) Subsection (1) of this section does not apply:
(a) To construction of an object or structure that is utilized by a commercial mobile radio service provider; or
(b) If a person received approval or submitted an application for approval from the Federal Aviation Administration or the Energy Facility Siting Council established under ORS 469.450 to construct an object or structure that constitutes a physical hazard to air navigation. [2009 c.399 §2]