Building Wireless Community Networks, Second Edition

Laws ConcerningAntennas and Towers

FCC Preemption of Local Law

When putting up antennas and other gear, you may run into local ordinances and homeowner agreements that are designed to prevent such installations. But, thanks to kind lobbyists like those at the Satellite Broadcasting and Communications Association (SBCA), the FCC has stepped in and overruled most of these local ordinances and agreements.

For a good introduction to this topic, read Roy Trumbell’s paper at http://www.lns.com/sbe/antenna_mounts.html.

This rule should apply only to broadcast signals such as TV, DBS, or MMDS. However, it might be argued that the provision for MMDS could also cover wireless data deployment, because:

1.4000 Restrictions impairing reception of television broadcast signals, direct broadcast satellite services, or multichannel multipoint distribution services:

1.4000(a)(1)(i) An antenna that is:

(A) Used to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, and

(B) One meter or less in diameter or is located in Alaska;

[...]

1.4000(a)(2) For purposes of this section, “fixed wireless signals” means any commercial non-broadcast communications signals transmitted via wireless technology to and/or from a fixed customer location. Fixed wireless signals do not include, among other things, AM radio, FM radio, amateur (HAM) radio, Citizen’s Band (CB) radio, and Digital Audio Radio Service (DARS) signals.

There ...