Laws on Antennas and Towers

In addition to concerns over the transmission of radio waves, the regulation of towers and antennas is a major concern for WISPs.

FCC Preemption of Local Law

The installation of antennas may run counter to local ordinances and homeowner agreements that would prevent installations. Thanks to the Satellite Broadcasting and Communications Association (SBCA), which lobbied the FCC, the FCC has stepped in and overruled these ordinances and agreements.

• So how does this apply to 802.11? This rule should only apply to broadcast signals such as TV, DBS, or MMDS. It could be argued that the provision for MMDS could cover wireless data deployment.

Height Limitations

The regulation that occurs most often in residential regulations is height restrictions on antennae. A number of regulatory agencies, both federal and local, have jurisdiction over antenna height.

Local Ordinances Most, if not all, cities regulate the construction of towers. There is maximum height zoning of the antenna/tower (residential or commercial), construction, and aesthetic (for example, what color, how hidden, and so on) regulations.

Federal Aviation Administration (FAA) and the FCC Tower Registration The FAA is very concerned about things that airplanes might run into. Part 17.7(a) of the FCC Rules and Regulations addresses this:

• (a) Any construction or alteration of more than 60.96 meters (200 feet) in height above ground level at its site.^[1]

^[1]Tim Pozar, "Regulations Affecting 802.11 Deployment," a white paper from Bay Area Wireless Users Group, www.lns.com/papers/part15/, June 6, 2002.