Abrams

The Federal Communications Commission (FCC) licensed an amateur radio operator to use certain frequencies for commercial purposes. The City of Rancho Palos Verdes, where the operator resides and his city-approved radio antennae are located, requires a radio operator to obtain a city permit for such usage. The city denied the permit.

Thereafter, upon application by the city, the trial court issued a permanent injunction, prohibiting the radio operator from using any frequencies commercially without the city permit. The operator contends that federal communications law preempts the injunction. We agree and reverse.

I

Background

Mark Abrams lives in the city and is the owner and resident of a single-family home. The property is in a residential area, zoned “RS-1” for single-family structures, and is located near the peak of the Palos Verdes Peninsula.

Abrams is an amateur, or “ham,” radio operator. He is licensed by the FCC in the amateur radio service, which is a noncommercial endeavor or hobby. As a group, amateur radio operators provide a valuable service to the public. They transmit information about emergency preparedness, national security, and disaster relief.…