47 C.F.R. § 97.15
Station antenna structures
(a) Owners of certain antenna structures more than 60.96 meters (200 feet) above ground level at the site or located near or at a public use airport must notify the Federal Aviation Administration and register with the Commission as required by part 17 of this chapter.
(b) Except as otherwise provided herein, a station antenna structure may be erected at heights and dimensions sufficient to accommodate amateur service communications. (State and local regulation of a station antenna structure must not preclude amateur service communications. Rather, it must reasonably accommodate such communications and must constitute the minimum practicable regulation to accomplish the state or local authority's legitimate purpose. See PRB-1, 101 FCC 2d 952 (1985) for details.)
(c) Antennas used to transmit in the 2200 m and 630 m bands must not exceed 60 meters in height above ground level.
Notes of Decisions
Cited in 15
cases, 1990–2018 · leading case: DePolo v. Bd. of Supervisors Tredyffrin Twp., 835 F.3d 381 (3rd Cir. 2016).
DePolo v. Bd. of Supervisors Tredyffrin Twp., 835 F.3d 381 (3rd Cir. 2016). “He claims that the Township’s zoning ordinance, which prohibited any building taller than 35-feet, is preempted as enacted and as applied under the applicable federal regulation, 47 C.F.R. § 97.15 (b), and the closely related FCC declaratory ruling, known as PRB-1.”
Koor Commc'n, Inc. v. City of Lebanon, 813 A.2d 418 (N.H. 2002). “See 47 C.F.R. § 97.15 (b) (2001). The city asserts that these cases “uniformly held that local zoning of tower or antenna height was not preempted.”
Sylvia Pentel v. City of Mendota Heights, 13 F.3d 1261 (8th Cir. 1994). “38,813 (1985) (codified at 47 C.F.R. § 97.15 (e) (1992)) [hereinafter PRB-1], the city council granted Pentel a special-use permit that allowed her to continue using her existing antenna, which she had erected in contravention of the city’s zoning ordinance.”
D.R. Evans v. Bd. of Cnty. Commissioners of the Cnty. of Boulder, Colorado Gary Goodell, in His Capacity as Chief Bldg. Off., 994 F.2d 755 (10th Cir. 1993). “*760 The FCC followed PRB-1 with an order ( 47 CFR § 97.15 (e)), which is quoted as follows: Except as otherwise provided herein, a station antenna structure may be erected ' at heights and dimensions sufficient to accommodate amateur service communications.”
Marchand v. Town of Hudson, 788 A.2d 250 (N.H. 2001). “47 C.F.R. § 97.15 (b) (2000). In light of the FCC’s clear directive that “[s]tate and local regulations that operate to preclude amateur communications in their communities are in direct conflict with federal objectives and must be preempted,” Amateur Radio Preemption, 101 F.”
Palmer v. City of Saratoga Springs, 180 F. Supp. 2d 379 (N.D.N.Y. 2001). “38, 813 (1985) (codified at 47 CFR § 97.15 (e) (2000)). For convenience, the Court refers to this ruling as PRB-1.”
Depolo v. Bd. of Supervisors, 105 F. Supp. 3d 484 (E.D. Pa. 2015). “2d 952 (1985), adopted at 47 C.F.R. § 97.15 (b), (hereinafter “PRB-1”) preempts the Township from restricting antenna height.”
Evans v. Cnty. Com'rs of Cnty. of Boulder, Colo., 752 F. Supp. 973 (D. Colo. 1990). “The language of PRB-1 as a whole and 47 C.F.R. § 97.15 (e) indicate that preclusions in amateur communications are to be avoided.”
Dispoto v. Marion Cnty., 969 So. 2d 423 (Fla. 5th DCA 2007). “See 47 C.F.R. § 97.15 (1985); FCC declaratory ruling, Federal Preemption of State and Local Regulations Pertaining to Amateur Radio Facilities, 101 F.”
Chedester v. Town of Whately, 279 F. Supp. 2d 53 (D. Mass. 2003). “, 47 C.F.R. § 97.15 (b) (2003) (“section 97.”
Hotz v. Rich, 92 Cal. Daily Op. Serv. 2431 (Cal. Ct. App. 1992). “*1053 ( 47 C.F.R. § 97.15 (a), (b).) The same regulation also provides: “(e) Except as otherwise provided herein, a station antenna structure may be erected at heights and dimensions sufficient to accommodate amateur service communications.”
J. DePolo v. Bd. of Supervisors of Tredyffrin Twp. & M. Heaberg, K. Mayock, 168 A.3d 387 (Pa. Commw. Ct. 2017). “2d 952 (1985), adopted at 47 C.F.R. § 97.15 (b). 4 DePolo declined to reduce the height of the proposed tower.”
— 47 C.F.R. § 97.15(b) — 1 case
Matter of Landstein v. Town of LaGrange, 2018 NY Slip Op 6741 (N.Y. App. Div. 2018).
— 47 C.F.R. § 97.15(e) — 1 case
DePolo v. Bd. of Supervisors Tredyffrin Twp., 835 F.3d 381 (3rd Cir. 2016). “He claims that the Township’s zoning ordinance, which prohibited any building taller than 35-feet, is preempted as enacted and as applied under the applicable federal regulation, 47 C.F.R. § 97.15 (b), and the closely related FCC declaratory ruling, known as PRB-1.”
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