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New resident urges Hortonville to review zoning on flagpoles and amateur radio antennas, cites FCC preemption

3806617 · June 6, 2025
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Summary

A newly arrived resident urged the Village of Hortonville to review its zoning code after being told by the village administrator that antennas are not allowed; the resident cited an FCC declaratory ruling and asked the board to consider federal preemption.

David Cushman, a newer Hortonville resident, used the preregistered public-comment slot at the June 5 meeting to ask the village to review its zoning ordinance for references to antenna and tower provisions and to consider federal preemption for amateur radio facilities.

Cushman, who described a long career in cellular and regulatory work and experience on zoning and planning boards in Illinois, said he searched the village zoning ordinance and found scant reference to “antenna” or “tower,” and only a satellite-dish provision in section 6-4 regulating placement and permitting for television receiver towers. He told trustees the village administrator had taken the position that anything not explicitly provided for in the ordinance is prohibited; Cushman disagreed and urged a review to avoid unnecessary enforcement against flagpoles and amateur-radio towers.

Cushman referenced a Federal Communications Commission ruling that he said addresses federal preemption for amateur radio facilities (he cited a memorandum and opinion and order in “PRV 1” and stated the order was adopted in September 1985 and referenced a July 16, 1984 grant date). He argued antenna-height restrictions can impede amateur operators’ ability to provide emergency communications during outages and disasters and asked the village to “expeditiously review the Federal Communications Commission declaratory ruling regarding federal preemption.”

Cushman closed by saying he hoped the village would minimize legal costs as the matter is pursued. The board did not take immediate action during the meeting; the matter was raised during public comment and will need to be addressed by staff or the attorney if the board opts to amend or clarify code language.

Cushman’s full remarks included his background in electrical and computer engineering, municipal planning commissions, and industry work translating regulatory language for engineers; he read short excerpts from the FCC order to illustrate how antenna-height rules can affect amateur communications.