Appellate Focus     Stronger Arguments     Better Outcomes

Amateur Radio Antenna Support Structure Zoning Attorney

Obtaining local government permission to erect an antenna support structure is often difficult, stressful, and time consuming. Note that it is not an antenna tower, which would suggest a structure at or over two hundred feet in height. Submitting a professional, well researched, well written, and complete application packet enhances your potential for success.

Attorney William Driscoll (KA1WEW) is a member of the American Radio Relay League (ARRL) and the ARRL Volunteer Counsel Program. He provides the uncommon combination of legal and technical skills to address a broad spectrum of legal issues faced by ham radio operators. The type of accommodation required to satisfy your amateur radio needs is unique to your operational needs, the layout of your land, and the local bylaws.

The fact that federal law (i.e., FCC PRB-1, as amended) preempts local government zoning ordinances as related to amateur radio facilities requires that your amateur radio activity be accommodated. But federal law does not yet address covenants, conditions and restrictions (CC&R's). That is an issue under advisement in the United States Congress (the Amateur Radio Parity Act).

In addition to antenna support structure issues, there can be complaints related to electromagnetic interference (EMI), such as radio-frequency interference (RFI). Such complaints can be a matter of consumer device electromagnetic compatibility (EMC). These issues should be dealt with early, diplomatically, and without modifying the personal property of another. Escalation can result in stressful FCC involvement or a law suit. To learn more, call Attorney William Driscoll at 978-846-5184.