A reader of Law of the Land brings us of an “oldie but goodie” case…as there is not much law in this area, I agreed to post a 2002 landmark case as a reminder for those who practice in the area.
The local zoning for the City of Lebanon, NH, provided for a maximum height of 35’ for a broadcast antenna. Under FCC rules the minimum height for an AM broadcasts antenna at 720 kHz was 269’. In 2002, the New Hampshire Supreme Court ruled that local zoning was preempted by the federal regulation requiring the minimum height.
Koor Communication, Inc. v. City of Lebanon (NH 2002)
The case may be accessed at http://www.courts.state.nh.us/supreme/opinions/2002/0212/koor152.htm
Briefs for both sides, as well as a brief Amicus Curiae by the Society of Broadcast Engineers, may be found at http://www.antennazoning.com/main/page_commercial_legal_library.html
A commentary on the case by the General Counsel for the Society of Broadcast Engineers, published in their journal, may be found at http://www.antennazoning.com/main/page_commercial_success_stories.html
Special thanks to Fred Hopengarten, Esq. of Lincoln, MA for sending in this case. www.antennazoning.com
