ok kids I called the fcc and they do not deal with antennas for wireless internet. They said it is up to my township zoning board. my township is not zoned so i'm clear. i'm in the process of procuring a 40' windmill tower. I won't need to worry about the FAA because there is a high tension tower about a tenth of a mile away and they are much higher than 40'. as also mentioned before my tree is close to that height.