HR 4969 will extend limited reasonable accommodation provisions to include all types of land use regulations, including preclusive homeowner’s association regulations and restrictive covenants. The FCC has jurisdiction to provide these protections when there is a conflict with Federal policy. This was established when, at Congress’ instructions, it enacted regulations that preempted municipal and private land use regulation over satellite dish antennas and television broadcast receive antennas in residences.
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. CFR97.15