Federal Communications Commission
Washington, D.C. 20554
April 6, 2009
DA 09-774
Christopher Kaczmarek
4980 Coralberry Rd.
Saginaw, Michigan 48604-9521
Re:  Petition and request for declaratory ruling
Dear Mr.Kaczmarek:  
This is in response to your October 6, 2007 petition and request for declaratory 
ruling regarding your ability to install a radio antenna structure for use with Amateur 
Radio Station KB8MLC.  Specifically, you state that you received notice from the 
manager of the Robin Glen Mobile Home Community that antennas were not allowed in 
the community, and that yours had to be removed.  You request a ruling from the 
Commission recognizing your right to install an amateur radio antenna structure.  For the 
reasons set forth below, we deny your petition and request for declaratory ruling.
As you correctly point out, Section 97.15 of the Commission’s Rules provides 
that state and local regulation of antenna structures must not preclude amateur service 
communications, must reasonably accommodate such communications, and must 
constitute the minimum practicable regulation to achieve the state or local authority’s 
legitimate purpose.1 The Commission has not, however, extended this policy to 
regulations promulgated by private parties.  The Commission considered the question in 
19852 and again in 2001,3 and chose not to preempt private land use regulations that 
restrict the installation of antennas and associated support structures used by amateur radio 
stations.  As agreements between private parties are voluntarily established and freely 
entered into, the Commission is hesitant to interfere with them unless it is shown that 
private agreements will seriously disrupt the federal regulatory scheme.
Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 5(d) of the 
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 155(d), and Section 1.2 
of the Commission’s Rules, 47 C.F.R. § 1.2, the request for declaratory ruling filed by 
Christopher Kaczmarek on October 6, 2007 IS DENIED.
  
1 See 47 C.F.R. § 97.15(b).
2 See Federal Preemption of State and Local Regulations Pertaining to Amateur Radio Facilities, 
Memorandum Opinion and Order, PRB-1, 101 F.C.C. 2d 952 (1985).
3 See Modification and Clarification of Policies and Procedures Governing Siting and Maintenance of 
Amateur Radio Antenna and Support Structures, and Amendment of Section 97.15 of the Commission's 
Rules Governing the Amateur Radio Service, Memorandum Opinion and Order, 17 FCC Rcd 333 (2001), 
recon. dismissed, 17 FCC Rcd 19408 (WTB PSPWD 2002); see also Don Schellhardt, Letter, 22 FCC Rcd 
4025, aff’d, 22 FCC Rcd 13511 (WTB MD 2007).
Christopher Kaczmarek Page 2
This action is taken under delegated authority pursuant to Sections 0.131 and 
0.331 of the Commission’s Rules, 47 C.F.R. §§ 0.131, 0.331.
FEDERAL COMMUNICATIONS COMMISSION
Scot Stone
Deputy Chief, Mobility Division
Wireless Telecommunications Bureau