New England Court Rules in Favor of Broadcaster in Zoning Dispute - Radio World

New England Court Rules in Favor of Broadcaster in Zoning Dispute

New England Court Rules in Favor of Broadcaster in Zoning Dispute
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The New Hampshire Supreme Court has rejected a city's zoning ordinance limiting the height of new communication towers to 42 feet, because it conflicts with federal law.
The ruling clears the way for Koor Communication Inc. to obtain local construction permits to begin constructing broadcast towers for WQTH(AM) in Lebanon, N.H. The 50 kW station at 720 kHz is licensed to Hanover, N.H.
Koor first filed for variances to the ordinance in 1999 seeking to construct four antennas to the height of 266 feet in accordance with its FCC license and CP. The broadcaster's attorneys argued that Lebanon's restrictions effectively prohibited the construction of new radio stations. The broadcaster subsequently lost several court decisions leading to an appeal to the state's highest court.

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