12-08-1986 Council Packet - Laserfiche WebLink

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0 Federal and local interests can be accommodated without preempting local authority to regulate the installation of amateur radio antennas. The APA said that the FCC should continue to leave the issue of regulating amateur antennas with the local government and with the state and Federal courts. 20. When considering preemption, we must begin with two constitutional provisions. The tenth amendment provides that any powers which the constitution either does not delegate to the United States or does not prohibit the states from exercising are reserved to the states. These are the police powers of the states. The Supremacy Clause, however, provides that the constitution and the laws of the United States shall supersede any state law to the contrary. Article III, Section 2. Given these basic premises, state laws may be preempted in three ways: First, Congress may expressly preempt the state law. See Jones v. Rath Packing C2., 430 U.S. 519, 525 (1977). Or, Congress may Indicate its intent to completely occupy a given field so that any sta+e law encompassed within that field would Impllcity be preempted. Such intent to preempt could be found In a concressional regulatory scheme that was so pervasive that It would be reasonable to assume that Congress did not Intend to permit the states to supplement it. See -ldellty Federal Savings b Loan Assfn v. de la Cuesta, 458 U.S. 141, 153 (1982). Finally, preemption may be war anted when state law conflicts with federal law. Such conflicts may occur when "compliance with.: both Federal and state regulations is a physical impossibility," Florida Lime & Avocado Growers, Inc. Y. Paul, 373 U.S. 132, 142, 143 (1963), or when state law "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress," Hines v. Davidowitz, 312 U.S. 52, 67 (1941). Furthermore, federal regulations have the same preemptive effect as oral statutes. Fidelity ederal Savings d Loan Association v. de la Cuesta, SupLr, 21. The situation before us requires us to determine the extent to which state and local zoning regulations may conflict with federal policies concerning amateur radio operators. 22. Few matters coming before us present such a clear dichotomy of viewpoint as does the instant Issue. The titles, counties, local communities and housing associations see an obligation to all of their citizens and try to dddress their concerns. This is accomplished through regulations, ordinances or covenants oriented toward the health, safety and general welfare of those they regulate. At the opposite pole are the Individual amateur operators and their support groups who are troubled by local regulations which may Inhibit the use of amateur stations or, in some Instances, totally preclude amateur communications. Aligned with the operators are such entities as the Department of Defense, the American Red Cross and local civil defense and emergency organizations who have found in Amateur Radio ) pool of skilled radio operators and a