Kay

I. BACKGROUND

Kay is an FCC-licensed amateur and commercial broad- caster who operates commercial two-way radio systems. Kay operates transmission facilities throughout Southern Califor- nia. In 1994 he purchased a single-family residence located in Rancho Palos Verdes, California. The house had two pre- existing vertical radio antennae mounted on the roof.2 It has remained unoccupied since 1994. In January 1997, the City sent Kay a notice of violation claiming that he was using his 1 Section 332(c)(7) was added to the Telecommunications Act of 1934 by § 704 of the Telecommunications Act of 1996. To avoid confusion, we use the shorthand “TCA” to refer to the 1934 Act as amended by the 1996 Act. We do not use the section numbering from the 1996 Act. 2 The antennae can be used both for amateur and commercial purposes. 12906 KAY v. CITY OF RANCHO PALOS VERDES rooftop antennae for commercial purposes. Kay denied using the rooftop antennae commercially. But, in April 1998, he installed antennae for commercial use inside an upstairs bed- room of the house. Then, at some point, Kay installed three more vertical antennae on the roof. On August 5, 1998, Kay filed an application…