7.9. & 7.10. SR 02-18-1997 - Laserfiche WebLink

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comparable in size, weight and appearance to these antennas and to which local regulation would normally apply; or (2) is necessary to preserve an historic district listed or eligible for listing in ~ National Re, stet of Historic Places, as set forth in the National Historic Preserua~ Act of 1966, as amended, 16 U.$.C. § 470a, and imposes no greater restrictions on antennas covered by this nde than are bnl~u~ on the installation, maintenance or use o~ other modern appurtenances, devices, or £uctures that are comparable in size, weight and appearance to these antennas; aM (3) it is no more burdensome to affected antennas users than is necessary to achieve the objective described above. The FCC has given several examples of safety restrictions on small satellite dishes, MMDS antennas and television antennas that it considers acceptable. These include restrictions on the closeness of antennas to high voltage power lines, requirements to keep a clear line of sight at intersections, requirements for adequate bolting or use of guy wires, prohibitions on blocking fire exits, requirements that antennas be a dismn~ from the lot line, and, in general, provisions of the National Fire Association's model code anti the BOCA Code of the Building Officials & Code Administrators International, Inc. Note that the exception in the rule for restrictions in historic districts applies tnb/to federally recognized or eligible sites or areas. To enforce a restriction in a state or local historic district that is not on or eligible for the National Register, a local government would have to obtain a waiver from the FCC. Local governments that wish to enforce restrictions that do not meet these exceptions will have to apply to the FCC for a waiver. Disputes about whether a restriction for which a waiver has not been issued can be enforced can be taken to court or to the FCC. The second part of the rule applies to medium size satellite earth stations that are between one and two meters in diameter and are located in commercial or industrial areas. That rule is much broader-- it preempts any regulation that merely "affects" these dishes, not just regulations that impair reception. It reads as follows: 25.104 Preemption of Local Zoning of Earth Stations (b) ( l ) Any state or local zoning, land-use, building, or similar regulation that affects the installation, maintenance, or use of a satellite earth station antenna that is two meters or less in diameter and is located or proposed to be located in an:~ area where commercial or industrial uses are generally permitted by non-federal land.use regulation shall be presumed unreasonable and is therefore preempted subject to paragraph (b) (2 ). No civil, criminal, administrative, or other legal action of an:~ kind shall be taken to enforce any regulation covered by this presumption unless the promulgating authority has obtained a waiver from the Commission pursuant to paragraph (e), or a final declaration from the Commission or a court of competent jurisdiction that the presumption has been rebutted pursuant to paragraph (b) (2). Counties and all other local governments that believe their building code, zoning, and other regulations pertaining to satellite dishes between one and two meters in size in commercial and industrial areas are reasonable and want to enforce them must apply to the FCC for a waiver. To obtain a waiver, the local governing body must file an original petition and two copies by mail or hand delivery (faxes are not accepted) with the Secretary, Federal Communications Commission, 1919 M Street, N.W., Washington, D.C. 20554. The petition is a legal document in a form prescribed by the FCC that should identifi/ the specific regulation for which the local government wants a waiver, and discuss in convincing detail the reasons why the regulation meets the criteria for a waiver. The FCC will assign the petition a number and issue a public notice that the petition has been filed. Anyone opposed to the petition may file comments with the FCC within 30 days after the Notice is published, and replies to the opposition may be filed by interested parties, including the local government, within 15 days from the date the oppositions are due. All the comments and replies are public documents. The FCC has not established any deadlines for itself to make a decision on petitions from local governments for waivers. The burden of proof is on the local government to demonstrate that the restriction is reasonable. A CouNlY AHD tocAt OFFiCiALS I~UiDE TO THE TELECOMMUNICATIONS ACT OF IDg6