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This web page contains information about Federal Communications Commission rules that apply to FCC preemption of local laws about RFI. It was prepared as a membership service by the ARRL Regulatory Information Branch at ARRL HQ. If you do have a regulatory problem that involves RFI, you need the information on this Web page. If local law attempts to regulate RFI from your station, if a neighbor threatens to sue you or if you feel that your local police are involved in an RFI problem, the information on this page will guide you through the steps you can take and the help the League can offer ARRL members. The bottom line is that under Federal law, only the FCC has the authority to regulate interference or write laws governing interference from licensed Amateur Radio operators. Remember, however, that the contents of this page do not constitute legal advice or aid which can only be given by a lawyer.
The ARRL recommends the following publications on regulatory and RFI topics:
Who is responsible for RFI?
Amateur to Non-Amateur Interference
FCC Preemption of Local Law
FCC Preemption of Restrictive Antenna Ordinances and RFI
Download the PRB-1 Package on Restrictive Ordinances
Public Law 97-259
RFI and the Police
RFI and Lawsuits
ARRL Volunteer Counsel Program
ARRL Volunteer Consulting Engineer Program
ARRL HQ Assistance
How to Obtain Copies of FCC Rules
FCC Letters About RFI
Other Links and Articles
In one word -- everyone. Everyone involved in an interference problem may have responsibilities and they must address those responsibilities fairly if a solution is to be found. Over and above the letter of the law, the FCC encourages an atmosphere of cooperation and trust when it comes to resolving RFI problems.
In many cases, responsibility may be shared between various people involved in the problem, but often to varying degrees. For examples, if an electrical noise generator is the source of the interference, it is the responsibility of the device operator to rectify the problem. If the amateur transmitter is being operated in a completely legal manner using good engineering practice, the interference is probably caused by design deficiencies in the affected device, often fundamental overload.
Let's cut to the chase -- most hams want the answer to one question: "When one of my neighbors has an interference problem, what do the rules say about whether it is my fault or not?" This question is especially important if one of your neighbors raises it. The bottom line is simple: The amateur is responsible for the proper operation of his or her station. This means that all Part 97 rules must be followed at all times. If the amateur isn't experiencing a problem with his own consumer equipment, it's a pretty sure bet that his equipment isn't at fault.
As an amateur, you are directly responsible for interference that results from FCC rules violations at your station. In the RFI world, this means that if your station is transmitting signals outside the amateur band that cause interference to other radio services, it is your responsibility. This is the only specific requirement under Part 97 rules.
The owner of a transmitter which emits spurious emissions, is responsible for making sure that the transmitter meets all technical specifications of the service in which it operates. In the Amateur Radio Service, Subpart D of Part 97 gives standards for amateur transmissions.
The consumer is responsible for cooperating with the amateur, the manufacturer and the FCC as a solution to the problem is sought. However, nonamateurs experiencing RFI often don't understand many of the technical concepts that are vital to resolving an RFI problem. When you first start talking about FCC rules with your neighbor, start by talking about what the rules require of you, as a radio operator. At this point, your neighbor will probably be listening, because you are talking about what you must do. You can then explain the other possible causes of interference, show them the actual rules and explain that the rules apply equally to everyone.
In its Interference Handbook, the FCC is very clear in its advice to consumers faced with interference problems. This publication can help get amateurs "off the hook" when the interference isn't caused by the amateur transceiver.
Page 1 of this publication states:
I. Check the Installation of Your Equipment
Many interference problems are the direct result of poor equipment installation. Cost cutting manufacturing techniques, such as insufficient shielding or inadequate filtering, may also cause your equipment to react to a nearby radio transmitter. This is not the fault of the transmitter and little can be done to the transmitter to correct the problem. If a correction cannot be made at the transmitter, actions must be taken to stop your equipment from reacting to the transmitter. These methods may be as easy as adjusting your equipment or replacing a broken wire. These and other simple corrections may be accomplished without the help of a service technician.
Never underestimate the importance of personal diplomacy when you're confronted with an RFI problem. The way you behave when your neighbor comes knocking sets the tone for everything that follows. No matter what you think of your neighbor, you have to remember that the best solutions are built on cooperation and trust. Knowing all the technical tricks in the book won't do you a bit of good if your neighbor won't even talk to you!
Amateur-to-Non-Amateur Interference
This is what most hams mean when they say "RFI." Many amateurs are all too familiar with amateur-to-nonamateur interference; some have received the dreaded phone call or knock on the door from an irate neighbor advising them of an RFI problem. As with the other classifications of interference, there is a strong regulatory component. When faced with an RFI situation from a nonamateur, the first reaction from the consumer is "It's your fault." The logical reply from an amateur is "Not necessarily." The ARRL recommends that hams who are confronted by a concerned neighbor first read through the information on the ARRL Technical Information Service pages on RFI.
FCC Preemption of Local Law
Only the FCC has jurisdiction over interference! Municipal zoning authorities, including local law enforcement officials, do not have that authority.
As with restrictive antenna ordinances, the FCC, through a directive from Congress, has preempted any concurrent state or local regulation of RFI pursuant to the provisions of §302(a) of the Communications Act of 1934, as amended. The legal cite is: 47 USC §302(a) and it provides that the:
Commission may, consistent with the public interest, convenience, and necessity, make reasonable regulations (1) governing the interference potential of devices which in their operation are capable of emitting radio frequency energy by radiation, conduction, or other means in sufficient degree to cause harmful interference to radio communications; and (2) establishing minimum performance standards for home electronic equipment and systems to reduce their susceptibility to interference from radio frequency energy. Such regulations shall be applicable to the manufacture, import, sale, offer for sale, or shipment of such devices and home electronic equipment and systems, and to the use of such devices.
The legislative history of §302(a) provides explicitly that the Commission has exclusive authority to regulate radio frequency interference (RFI). In its Conference Report No. 97-765, Congress declared:
The Conference Substitute is further intended to clarify the reservation of exclusive jurisdiction to the Federal Communications Commission over matters involving RFI. Such matters shall not be regulated by local or state law, nor shall radio transmitting be subject to local or state regulation as part of any effort to resolve an RFI complaint.
The legal cite for this report is: H.R. Report No. 765, 97th Cong., 2d Sess. 33 (1982), reprinted at 1982 U.S. Code Cong. & Ad News 2277.
State laws and local ordinances that require amateurs to cease operations or incur penalties as a consequence of radio interference thus have been entirely preempted by Congress. This was written by then-FCC General Counsel Robert L. Pettit in a letter dated February 14, 1990 to ARRL General Counsel Chris Imlay, W3KD.
FCC Preemption of Restrictive Antenna Ordinances and RFI
In many cases, neighbors who are concerned about amateur tower installations may focus on possible RFI problems as part of their concerns. Local zoning bodies sometimes try and overstep their legal bounds when it comes to zoning and it can cause headaches for amateurs. Local governments must reasonably accommodate amateur operations in zoning decisions as documented by the partial preemption called PRB-1. The legal cite for PRB-1 is: 101 FCC 2d 952 (1985). § 97.15 provides that an amateur station antenna structure may be erected at heights and dimensions sufficient to accommodate effective amateur service communications. See the specific wording later in this chapter. Local authorities may adopt regulations pertaining to placement, screening, or height of antennas, if such regulations are based on health, safety, or aesthetic considerations and reasonably accommodate amateur communications.
Local governments may not, however, base their regulation of amateur service antenna structures on the causation of interference to home electronic equipment--an area regulated exclusively by the Commission. We'll discuss this in detail in the next section. A good statement of FCC preemption of RFI appears in the Memorandum Opinion and Order in WT Docket 02-100. Though not an amateur case, it is very helpful as an FCC statement of policy with respect to RFI.
How does this affect RFI? Some local governments mistakenly believe that if an amateur antenna is lowered, the potential for interference decreases. The FCC has gone on record as stating that there is no reasonable connection between requiring an amateur to reduce the height of his tower and reducing the amount of interference to his neighbor's home electronic equipment. On the contrary, antenna height is inversely related to the strength of the radio signal that serves as a catalyst for interference in susceptible home electronic equipment. The higher that antenna is, the farther away is it from consumer equipment, and the less the interference potential is. It is a matter of technical fact that the higher an amateur antenna, the less likely it is that RFI will appear in home electronic equipment. This statement was made in an October 25, 1994 letter from former FCC Private Radio Bureau Chief Ralph Haller. It has been reprinted in The FCC Rule Book, published by ARRL.
For amateurs who are restricted unduly, the Regulatory Information Branch at ARRL HQ makes available the PRB-1 package which is a large packet of information which consists of more than 200 pages of cases, sample ordinances, a communications height effectiveness study as well as the text of PRB-1 and other helpful information. A list of Volunteer Counsels (VCs) is also available on the ARRL Web page. VCs are amateurs who are also lawyers--so that they can give you specific legal guidance. A list of ARRL Volunteer Consulting Engineers is also available on the ARRL Web page. These are hams who are also professional engineers. Some of the PRB-1 package is available on the Web page. The complete package is available to ARRL members for a modest fee and a somewhat higher fee for nonmembers.
PRB-1 is not a "cure all," and it cannot help if you are faced with a covenant or other deed restriction problems. PRB-1 is very specific to Amateur Radio installations and to local government zoning ordinances.
Amateurs are faced with two entirely different antenna restrictions. Town and city zoning problems are enforced by that local government and they apply to all its citizens. PRB-1 is helpful in educating local government authorities. Covenant and deed restrictions are entered into voluntarily and they are often extremely restrictive. PRB-1 does not apply in such cases. Covenants can regulate what color a homeowners association member may paint his or her house and include many other possible restrictions, including restrictions on antennas and RFI.
The FCC discussed covenants in PRB-1, and it concluded by saying "Purchasers or lessees are free to choose whether they wish to reside where such restrictions on amateur antennas are in effect, or settle elsewhere." The courts are generally reluctant to interfere with freedom of contract, such private agreements are usually legally upheld.
In situations where the covenant is deemed to "run with the land," the restrictive language does not even need to be in the current contractual agreement if it was included at the time the property was first conveyed. This is the reason land records are checked to see if there are any type of restrictions from years past each time property is bought or sold. ARRL Volunteer Counsel members (hams who are also a lawyers) can give you specific legal advice regarding covenants.
Download the PRB-1 Package
The PRB-1 package is available on the ARRLWeb. A copy of the 11 page PRB-1 document is available here. Amateurs can also find the name of an ARRL Volunteer Counsel.
Public Law 97-259
In the early days of Amateur Radio, hams were being blamed for the inability of electronic devices to reject unwanted radio signals, and a solution was needed. At the time, the FCC did not have the authority to set minimum rejection standards for consumer electronic devices, and ARRL leaders knew the situation would only get worse. Amateur Radio needed a law that would amend the Communications Act of 1934 giving the FCC exclusive jurisdiction over RFI matters. This law would preempt regulation by state or local governments. During the "old days," amateurs did not want RFI law, but it became evident in the '70s that a law was needed--if the Amateur Radio Service was to survive.
The ARRL took a leading role by lobbying Congress for RFI legislation. Early attempts were unsuccessful; many bills were introduced, but they all died. It became clear that not everyone shared the ARRL's enthusiasm for giving the FCC authority to set RFI-immunity standards.
The industry was "dead set" against standards because they might be forced to add a $5 filter to the cost of a product. The industry lobbied fiercely against the bills.
Several major changes in the regulations were made on September 14, 1982, when President Reagan signed into law a measure that affected RFI as it relates to the amateur service. See "RFI Bill" Becomes Law, Amateur Radio Benefits!
The changes affect Amateur Radio and RFI in the following areas:
The legislative history of the bill gave the FCC jurisdiction over RF susceptibility of home entertainment equipment. It states, in part:
"This law clarifies the reservation of exclusive jurisdiction over RFI matters to the Federal Communications Commission. Such matters shall not be regulated by local or state law, nor shall radio transmitting apparatus be subject to local or state regulation as a part of any effort to resolve an RFI complaint. The FCC believes that radio operators should not be subject to fines, forfeitures or other liability imposed by any local or state authority as a result of interference appearing in home electronic equipment or systems. Rather, the Commission's intent is that regulation of RFI phenomena shall be imposed only by the Commission."
This all sounds good on paper, but in practice, the results have been mixed. The FCC has opted for voluntary standards, rather than formal rules and regulations. The FCC and the ARRL are both active in an industry group (in cooperation with the American National Standards Institute, ANSI) that is studying "RF immunity issues." The Accredited Standards Committee C-63, has set an RFI-rejection standard for certain home electronic equipment. The voluntary standard provides for immunity of consumer equipment to some levels of RF field strength. This standard is not sufficient for full-power amateur stations under "worst case" conditions, but it covers the majority of cases. Starting in the second half of the 1990s, consumers started to see some built-in immunity in consumer products. The industry has a ways to go, but there is some light at the end of the tunnel.
What if...the Local Police Show Up?
This may seem unlikely, but it could happen, after all, consumers don't usually like to hear that their device is at fault. They want the interference stopped and they want it stopped now! If local law enforcement officers are informed, they will know that only the FCC has jurisdiction over interference cases. This chapter clearly details the exclusive FCC jurisdiction. Owning a copy of The RFI Book can help you educate not only your neighbors, but also local law enforcement officials.
Even though you may not be at fault in an interference case, never argue with a law enforcement officer. Politely explain the FCC preemption. If an interference case becomes a domestic dispute between two individuals, the interference problem may become secondary. ARRL Volunteer Counsel members can also help explain the legal basis for the interference preemption.
What If ...Your Neighbor Threatens to Take You to Court Over RFI?
In rare instances, neighbors will threaten amateurs with court action over RFI matters. Even though the FCC has sole jurisdiction over interference, this can create complicated and often expensive legal problems as you defend yourself. If this happens to you, obtain the name of an ARRL Volunteer Counsel (VC) or other lawyer in your area. VCs have indicated that the initial consultation is always without charge.
One very good FCC decision on the FCC preemption of RFI is the Memorandum Opinion and Order in WT Docket 02-100. This is the FCC response to a proceeding which sought to regulate RFI in Anne Arundel County, Maryland. The County, which includes Annapolis, attempted to regulate public safety/Nextel RF interference. This decision, running 17 pages, is as thorough a statement of FCC RFI preemption as has come from the Commission in many years. While the case law has been consistently favorable, the FCC has been sparse in saying much since a case called 960 Radio in 1985. This is a very good defense tool in RFI cases.
If a landlord threatens eviction over RFI, you need to obtain legal advice. Contact an ARRL Volunteer Counsel member or other lawyer immediately. Lease agreements are private contractual agreements between the landowner and the person leasing the dwelling. Certain restrictions may prohibit antennas and RFI. Even if the agreement doesn't specifically state that antennas are prohibited, the landlord can do whatever he deems necessary to protect his property. PRB-1, the partial preemption of state and local regulations, offers no protection to amateurs who sign voluntary agreements.
If you are involved in any of these "What If . . ." cases, it may be helpful to solicit the help of an attorney, even when the law is on the side of Amateur Radio. While the courts clearly do not have jurisdiction over RFI matters, preparing to appear before a judge is potentially expensive. A VC can often resolve the matter before the amateur is taken to court. Some neighbors call the police and try to have amateurs declared a "public nuisance" for causing interference. Only the FCC has jurisdiction over RFI cases! ARRL HQ can also send you sample RFI court cases.--Regulatory Information Branch, ARRL HQ, reginfo@arrl.org.
ARRL Volunteer Counsel Program
The ARRL Volunteer Counsel Program consists of amateurs who are also lawyers. Although their advice is not expected to be free of charge, they will give an initial consultation at no charge. The list of VCs appears below and is organized in zip code order. Amateurs with interference problems may need to contact VCs for legal advice. Amateurs often find it helpful to contact a VC for a free initial consultation to avoid costly legal problems later. Most states have at least several VCs.
For more information on ARRL Volunteer Counsel referrals, see the Volunteer Counsel Program page.
ARRL Volunteer Consulting Engineer Program
The Volunteer Consulting Engineer (VCE) Program provides assistance to amateurs who may need to meet structural requirements set forth by local zoning authorities. VCEs are amateurs who are also registered professional engineers. Amateurs sometimes need the services of VCEs to help prove to local zoning authorities that their antenna installation meets local ordinances. Such engineering requirements are often necessary to obtain a permit to erect an antenna support structure. Hams often need an "expert witness" to certify that the tower in question meets or will meet the engineering requirements of local ordinances. This can eliminate headaches later if there are interference complaints from neighbors.
Amateurs who need assistance from a professional engineer should contact a VCE in their area. Like VCs, VCEs are not expected to provide their services for free, but they have agreed to provide an initial consultation at no charge.
For information on ARRL Volunteer Consulting Engineer referrals, see the Volunteer Consulting Engineer Program page.
ARRL Assistance
If you are faced with an interference problem and your neighbor is convinced that it's that "ham radio thing," help is available in evaluating the problem. Your ARRL Section Manager can refer you to your section's Technical Coordinator and to other local sources of assistance. The ARRL Technical Information Service (TIS) can also refer you to appropriate sources of assistance. TIS can be contacted by mail at: ARRL, 225 Main St., Newington, CT 06111; by telephone at 1-860-594-0214; by facsimile at 1-860-594-0259 or by e-mail at mailto:tis@arrl.org. The ARRL Technical Information Service (TIS) Web page contains quite a lot of technical assistance. If your problem is regulatory in nature, contact the ARRL Regulatory Information Branch at 860-594-0236 or by e-mail at reginfo@arrl.org.
How to Obtain Copies of FCC Regulations
The FCC Rule Book, published by ARRL, provides an excellent source of information about all Amateur Radio regulations and related rules. It includes a current copy of Part 97 as well as hundreds of pages of interpretation material. It is available from ARRL HQ or from most Amateur Radio dealers.
Part 97 of the Rules can be viewed on the ARRL Web site.
If you have access to the World Wide Web, you can download any part of any section of the Code of Federal Regulations at http://www.access.gpo.gov/nara/about-cfr.html#page1/.
A US Government Printing Office product list can be found at this Web site: http://www.access.gpo.gov/su_docs/index.html.
The URL for the main FCC Web page is http://www.fcc.gov.
FCC Letters about RFI
