If you want the facts on federal pre-emption of local regulations limiting
he
use of satellite dishes and TV antennas, here is most of a fact sheet
traight
from the FCC. You can view the entire document at;
www.fcc.gov/Bureaus/Common_Carrier/Factsheets/otafacts.html
I have to split this up, because my local BBS does not allow messages longer
than 100 lines.
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FEDERAL COMMUNICATIONS COMMISSION
FACT SHEET
August 1996
Placement of Direct Broadcast Satellite, Multichannel Multipoint Distribution
Service, and Television Broadcast Antennas
As directed by Congress in the Telecommunications Act of 1996, the Federal
Communications Commission has adopted rules concerning restrictions on
viewers'
ability to receive video programming signals from direct broadcast satellites
(DBS), multichannel multipoint distribution (wireless cable) providers
MMDS),
and television broadcast stations (TVBS).
Receiving video programming from any of these services requires use of an
antenna, and the installation, maintenance or use of these antennas may be
restricted by local governments or community associations. These restrictions
have included such provisions as requirements for permits or prior approval,
and requirements that a viewer plant trees around the antenna to screen it
from
view, as well as absolute bans on all antennas. In passing this new law,
Congress believed that local restrictions were preventing viewers from
choosing
DBS, MMDS, or TVBS because of the additional burdens that the restrictions
imposed. To implement this legislation, on August 5, 1996, the Commission
adopted a new rule that is intended to eliminate unnecessary restrictions on
antenna placement and use while minimizing any interference caused to local
governments and associations...
The new rule prohibits restrictions that impair the installation, maintenance
or use of antennas used to receive video programming. These antennas include
DBS satellite dishes that are less than one meter (39") in diameter (larger
n
Alaska), TV antennas, and antennas used to receive MMDS. The rule prohibits
most restrictions that: (1) unreasonably delay or prevent installation,
maintenance or use, (2) unreasonably increase the cost of installation,
maintenance or use, or (3) preclude reception of an acceptable quality
ignal.
This rule means that, in most circumstances, viewers will be able to install,
use and maintain an antenna on their property if they directly own the
property
on which the antenna will be located.
The Telecommunications Act and this new rule are designed to promote
competition among video programming service providers, enhance consumer
choice,
and assure wide access to communications. The rule allows local governments
and
homeowners' associations to enforce restrictions that do not impair reception
of these signals as well as restrictions needed for safety or historic
preservation. The rule balances these public concerns with an individual's
desire to receive video programming. The Commission has asked for further
comment on whether additional rules should apply to situations where a viewer
wants to install an antenna on property owned by a landlord or on common
property controlled by a condominium or homeowners' association.
This fact sheet provides general answers to questions that may arise about
he
implementation of the rule. For further information, call the Federal
Communications Commission at (202) 418-0163.
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Q: What types of restrictions are prohibited?
A: The rule prohibits restrictions that impair a viewer's ability to receive
signals from a provider of DBS, MMDS or TVBS. The rule applies to state or
local laws or regulations, including zoning, land-use or building
egulations,
private covenants, homeowners' association rules or similar restrictions on
property within the exclusive use or control of the antenna user where the
user
has a direct or indirect ownership interest in the property. A restriction
impairs if it: 1) unreasonably delays or prevents use of, 2) unreasonably
increases the cost of, or 3) precludes a subscriber from receiving an
acceptable quality signal from, one of these antennas. The rule does not
prohibit safety restrictions or restrictions designed to preserve historic
districts.
Q: What types of restrictions unreasonably delay or prevent subscribers from
receiving a signal?
A: A local restriction that prohibits all antennas would prevent subscribers
from receiving signals, and is prohibited by the Commission's rule.
rocedural
requirements can also impair the ability to receive service. Thus, local
regulations that require a person to obtain a permit or approval prior to
receiving service will delay reception; this is generally allowed only if it
is
necessary to serve a safety or historic preservation purpose.
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* Origin: The Ether Net Amateur Radio BBS (1:3821/7)
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