FCC Seeks Comment on Petition for Preemption of Local Zoning of Over-the-Air Receptions Devices

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The FCC is seeking comment on a Petition for Declaratory Ruling filed by Rodecker Slater, LLC and Wisp.net, ARGUING that the decision of Fountain Valley, California denying a zoning permit is preempted by the FCC’s rules regarding over-the-air reception devices. Rule Section 1.4000, prohibits, subject to certain exceptions, governmental and private restrictions that impair the ability of antenna users to install, maintain, or use over-the-air-reception devices. Fountain Valley denied a conditional use permit with variance to locate point-to-multipoint radio devices on a 40-foot rooftop antenna to provide fixed wireless Internet access service. Comments are due October 18, 2019, and reply comments are due November 4, 2019.

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