46 Federal Communications Law Journal 433 (1994)
The proliferation of novel radio delivery systems has resulted in the construction of new forms of radio antennas. Many localities have placed restrictions on the size and/or placement of these antennas, significantly hindering or blocking signal reception. Because the FCC has adopted rules that only partially preempt local regulations, municipalities have enacted laws restricting the use of home satellite dishes. A recent challenge to one such regulation resulted in a Second Circuit decision limiting the scope of FCC review of local regulations. The Authors suggest that the FCC need not take extreme measures such as total preemption or national zoning to enforce their policies. Alternatives that recognize the legitimate objectives of municipal zoning regulations and allow the FCC to correct misinterpretation of the Commission's local zoning preemptive regulations are recommended.
Hobson, James R. and Moreno, Jeffrey O.
"Preemption of Local Regulation of Radio Antennas: A Post- Deerfield Policy for the FCC,"
Federal Communications Law Journal:
3, Article 2.
Available at: http://www.repository.law.indiana.edu/fclj/vol46/iss3/2