Used google to search for the address and radio tower and found the FCC application for an FM station called WZIG 104.1. Then searched on that and found their Facebook page talking about the new antenna. It appears to be a hobby radio station.

Ah. Then the FCC has issued a construction permit for it, pursuant to an FAA approval (probably optional for 100' AGL anyway) and no one else has anything legal to say about it. So far as I know, anyway; FCC regs have always preempted local laws.

The county has land use and notification requirements. Regardless of FCC approval, the county can allow or disallow a radio tower depending on location and intended use. The builders of cell phone towers know this process all too well. I don't pretend to know the legalities of this, but will make sure the county is notified and a complaint filed. Besides being unsightly, the health issues caused by fm radio transmission signals are well documented, as well as the issue of building a 100 ft lightning rod in a residential area.

The health issues? What health issues? FM broadcasters are required to do an MPE study prior to turning on and proving that there's no health risk to anyone nearby. Non-Ionizing radiation 100ft up, from 100w ERP of power in the broadcast band is no worse than having your cell phone next to your head on the nightstand every night. If he is found to be causing "health risks" via the emissions, then he is required to fix the problem and shut down. But you will find using the EPA methodology that this will not be the case.

Now, as for land use permits, you might want to check with the city to see if he has a permit for such a structure. Also, towers are made to fall within their footprint, not straight over, it's not like a tree that would come tumbling down on your house 100ft away, chances are that IF (and that's a big if) it fell, it would fall onto his house, and within the confines of his property typically.

The tower is under 200ft, it does not require an FAA study, it falls into the same area as ham radio towers and TV antennas. Exception being if he's within the glide/approach path of an airport.

And also as mentioned, the Feds will trump local government. What has been brought up here is akin to saying "I don't like the trellis in your garden because it's 30ft tall and takes up your whole yard, i'm telling!".... It means nothing.

I've been doing broadcast engineering for 15 years. This is the voice of experience, but I am not a lawyer and none of the above should be considered legal counsel.

http://transition.fcc.gov/fcc-bin/fmq?list=0&facid=196030 Here is the filing and approval....

God Bless America!

May I suggest contacting the owner directly with your concerns.

During the process of the allocation of an LPFM or low power class "A" operation, the FCC requests a paper notice of the class "A" operation. On LPFM's that can be 100 watts at 100 feet (aka) 30 meters (just below 100 feet), no such notice is required.. The RF (radio frequency sent into the close area, around the tower), is so low, your hair dryer, kitchen microwave and a local Ham Operator or old CB'er with a linear amp will produce far more RF than a small 100 watt FM can.... Feds win on construction permits and licensed FM's approved to a community, once it is in place.... (97% or higher)....Some communities have suggested to send county or city officials out to shut these down, to only be told by the Feds, if you do, it's a violation of law and those can be arrested and fined up to 10 grand per violation and up to time in a Federal prison... Again, state, and local vs feds... Can we all get along? Not taking sides... Your kids x-box and cellphone put out more dangerous RF, than a certified FCC broadcast piece of equipment.. On the tower.... Both a guyed and self standing tower is built to collapse in far shorter distance than the height of the structure..... Every one I have seen falls in a twisting motion to prevent a straight fall... The tower should, though be on a roof or have the distance to match the 30 meters and a few feet beyond, as the broadcaster is responsible for that safety..... I found the CP (construction permit to license approval) on the FCC site.... 60 dBU is the protected signal and most can reach about double the distance into normal home receivers and triple that distance in cars... 92.51969 is the middle point of transmission and that would mean the top of the structure is right at 100 feet.... Just info from helping three small town and one college LPFM group put this type of FM on the air....

The tower in question, too, was an existing structure, with ham radio antennas in active use on it, and it likely covered by the PRB-1 exemption to local zoning embodied in that regulation.

Since the tower has clearly been there for some time, I wonder whether the reporter has just moved in.

Thank you for reporting this issue. It has been forwarded to the county's code enforcement division for attention.

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