Laws ConcerningAntennas and Towers
A.10.1 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 are conditions:
1.400(c) In the case of an antenna that is used to transmit fixed
wireless signals, the provisions of this section shall apply only if
a label is affixed to the antenna that:
(1) Provides adequate notice regarding potential radiofrequency
safety hazards, e.g., information regarding the safe minimum
separation distance required between users and transceiver antennas;
and
(2) References the applicable FCC-adopted limits for radiofrequency
exposure specified in 1.1310 of this chapter.
Issues such as "can traffic such as Multicast IP
fall under these rules?" and "what
percentage of traffic must be broadcast?" need to be
resolved before this section of the FCC rules can be fully
interpreted.
A.10.2 Height Limitations
A.10.2.1 Local ordinances
Most cities regulate the construction
of towers. These regulations are all different, but maximum height
limits are usually given (e.g., 300 feet for a tower in Oakland, or
10 feet for a mast on a residence in Fremont), zoning considerations
(residential or commercial) apply, construction specifications (no
antennas 15 feet above a tower in Oakland, or a 300-foot setback in
Fremont) must be followed, and aesthetic limitations (e.g., what
color, how hidden) are always a factor. You will have to jump over
various hurdles with each city and installation.
A.10.2.2 FAA and FCC tower registration
The FAA is very concerned
about tall structures that airplanes could bump into. Part 17.7(a) of
the FCC R&R defines these structures as:
Any construction or alteration of more than 60.96 meters (200 feet)
in height above ground level at its site.
The next section details which towers must be marked, and gives
special attention to structures that may be in the glide slope of a
runway or pose "extraordinary hazard
potentials."
Details can also be found in the U.S. Department of Transportation
Advisory Circular AC70/7460-1K.
If your tower falls into this category, you must register it with the
FCC, per Part 17.4.
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