FEDERAL COMMUNICATIONS COMMISSION

Washington, D.C. 20054

July 2, 1997

In Reply Refer To: 2000C-SAM

Mr. Roger Kroh

Director of Planning and Development

Johnson County Office of Planning, Development and Codes

111 South Cherry Street, Suite 3500

Olathe, Kansas 66061-3441

Dear Mr. Kroh:

I am writing in response to your Memorandum dated June 25, 1997, concerning the zoning regulations proposed by Johnson County, Kansas, as recently revised. The regulations include provisions that communications licensees must follow in order to remedy possible interference with local public safety communications.

I understand your concern about the possibility of interference with local public safety communications and appreciate your attempt to find a solution to local interference problems. However, based upon a review of the proposed regulations and applicable law, the Division staff considers your effort to regulate radio frequency interference (RFI) to be preempted by the Communications Act of 1934, as amended. The FCC has exclusive jurisdiction over RFI matters. See, e.g., 47 U.S.C. 152(a), 301, 302(a), 303(f); Head v. New Mexico Board of Examiners of Optometry, 374 U.S. 424, 430 n.6 (1963); Broyde v. Gotham Tower, Inc., 13 F. 3d 994 (6th Cir. 1994). Congress has recognized 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. H.R. Rep. No. 765, 97th Cong., 2d Sess. 33 (1982), reprinted in 1982 U.S. Code Cong. & Ad. News 2277.

The FCC has procedures in place to respond to public safety interference complaints and such complaints are given the highest priority. I encourage you to contact your local field office in Kansas City at (816) 353-8928 when any such interference occurs. In an emergency, you may contact the Watch Officer of the Compliance and Information Bureau at (202) 632-6975, twenty-four hours a day, seven days a week.

Should you have any additional questions concerning this matter, please feel free to contact the Wireless Telecommunications Bureau at any time.

Sincerely,

David L. Furth

Chief - Commercial Wireless Division

Wireless Telecommunications Bureau