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enabling subscribers to use small 3-foot or even
<br />18-inch dishes. A small, 18-inch flat receiver has
<br />also been developed primarily for home use.
<br /> Satellite dishes are anchored to the ground or
<br />to the top of buildings or terraces. Not all "dishes",
<br />however, are used for video programming. Businesses
<br />use dishes called Very Small Aperture Terminals,
<br />or VSATs, for two-way data communications.
<br />These tend to be 5 to 6 feet in diameter.
<br />
<br />Section 207 of the Act provides that:
<br /> Within 180 days after the date of enactment of
<br /> the Act, the Commission shall, pursuant to section
<br /> 303 of the Communications Act of 1934,
<br /> promulgate regulations to prohibit restrictions that
<br /> impair a viewer's ability to receive video
<br /> programming services through devices designed for
<br /> over. the.air reception of television broadcast
<br /> signals, multichannel multi.point distribution
<br /> service, or direct broadcast satellite services.
<br />
<br /> To implement this section, the FCC has issued
<br />rules, effective in August 1996, that prohibit most
<br />state and local restrictions on satellite dishes,
<br />MMDS antennas, and television reception
<br />antennas. The rules are in two parts. The first part
<br />covers small dishes and MMDS antennas and all
<br />television antennas. It reads as follows:
<br />
<br /> · 1.4000. Restrictions impairing reception of
<br />Tele~,~sion Broadcast Signals, Direct Broadcast
<br />Signals, Direct Broadcast Satellite Services or
<br />Multichannel Multipoint Distribution Services
<br />
<br /> (a) Any restriction, including but not limited to
<br />any state or local law or regulation, including zoning,
<br />laM.use, or building regulation, or any private
<br />covenant, homeowners' association rule or similar
<br />restriction on property within the exclusive use or
<br />control of the antenna user where the user has a direct'
<br />or indirect ownership interest in the property, that
<br />impairs the installation, maintenance, or use of:
<br />
<br />(I) an antenna that is designed to receive
<br />direct broadcast satellite service, including
<br />
<br />or less in diameter or is bcated in Ahska: or
<br />
<br />(2) an antenna that is designed to receive
<br />video programming services via multipoint
<br />distribution services, including multichannel
<br />multipoint distribution services, instructional
<br />television ~xed services, and local multipoint
<br />
<br />distribution services, and that is one meter or
<br />less in diameter or diagonal measurement: or
<br />
<br />(3) an antenna that is designed to receive
<br />television bi'oadcast signals,
<br />
<br /> is prohibited, to the extent it so impairs, subject
<br />to paragraph (b). For purposes of this rule, a law,
<br />regulation, or restriction impairs installation,
<br />maintenance or use of an antenna/fit: (1)
<br />unreasonably delays or prevents installation,
<br />maintenance, or use, (2) unreasonably increases
<br />the cost of installation, maintenance, or use, or (3)
<br />precludes reception of an acceptable quality signal.
<br />No civil, criminal, administrative, or other legal action
<br />of any kind shall be taken to enforce any restriction or
<br />regulation prohibited by this rule except pursuant to
<br />paragraph (c) or (d). No fine or other penakies shall
<br />accrue against an antenna user while a proceeding
<br />is pending to determine the validity of any restriction.
<br />
<br /> In an attempt to provide guidance on
<br />implementing this part of its rules, the FCC has
<br />given several examples of local govemment
<br />restrictions that would not be prohibited. The
<br />FCC has indicated that a requirement that dishes
<br />be placed in rear yards whenever possible or that
<br />they be screened from sight would not be
<br />prohibited, as long as the result was not to prevent
<br />reception of a signal or to impose "unreasonable"
<br />delay or unreasonable costs. The FCC has not said
<br />what it means by ."unreasonable delay." It does say
<br />that if costs are imposed to screen other similar
<br />devices in the neighborhood, such as air
<br />conditioning units or trash receptacles, similar
<br />requirements imposed on antennas may be
<br />considered reasonable.
<br /> This new FCC rule provides certain exceptions
<br />to the general prohibition on restrictions on small
<br />satellite dishes and antennas. A restriction is
<br />permitted, even if it impairs or prevents reception,
<br />or imposes unreasonable cost or delay, under the
<br />following circumstances:
<br />
<br /> (1) it is necessary to accomplish a clearly
<br /> defined safety objective that is either stated
<br /> in the text, preamble or legislative histor2t of
<br /> the restriction or.described as applying to
<br /> that restriction in a document that is readil~y
<br /> available to antenna users, and would be
<br />". applied to the extent practicable in a non.
<br /> discriminatory manner to other
<br /> appurtenances, devices, or fixtures that are
<br />
<br />COUNTY AND LOCAL OFFICIALS GUIDE TO THE. TELE. COt¥1MVNICATtON3 ACT OI· 1996
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