Yes. Under Federal law, there is an express preemption provision in 47 U.S.C. §§ 253(a), (d), authorizing the FCC to pre-empt "any [local] statute, regulation, or legal requirement" that "may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service." Likewise, as described in 47 U.S.C. § 332 (c) (7), Congress intended that the FCC have exclusive jurisdiction over disputes regarding RF emissions. See N.Y. SMSA Ltd. P’ship v. Town of Clarkstown, 603 F. Supp. 2d 715 (S.D. NY 2009). In the Clarkstown case, the Court found, “a town plainly may not impose separate, stricter certification requirements for wireless technology than those set forth by the FCC.
Federal law has preempted the field of technology authorization and station licensing, and there is no room for state and local authorities to regulate in these areas.”