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

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Finally, for satellite dishes more than two meters in diameter, the FCC has kept in place previous rules. The FCC did not immediately prohibit the enforcement of local regulation of these larger dishes, but provided that a citizen could petition the FCC for a declaration that the local or state regulation affecting larger dishes is preempted. If a local regulation of larger dishes is challenged, the burden is again put on the local government to prove that its regulation is not unreasonable. A citizen or business that believes it has been aggrieved by the application or potential application of a state or local zoning or other regulation affecting the larger dishes must file a petition with the FCC asking that the regulation be declared unreasonable. The petitioner must show that it has exhausted all local administrative remedies before asking the FCC to get involved. The petitioner must show, for example, the normal zoning .or other appeal process has been completed. A county or other local govemment will know when someone has appealed to the FCC because the petitioner must serve a copy on the appropriate local officials, and the FCC will send a copy of its notice that the petition has been filed to affected parties by certified mail. After public notice the local government and others will have 30 days to comment, and an additional 15 days for replies. Again, the FCC has not established any deadlines for its own decision making. In filing a petition to enforce its regulations or to defend itself against a petition to bar enforcement, a local government will want to consult its attorney or an attorney specializing in FCC matters. Television Antennas and MMDS Antennas Common television antennas range from small roof-top extensions to large free-standing reception towers used by businesses and homeowners in outlying areas. MMDS, also known as "wireless cable," is a service involving the transmission of multiple channels of television programming through earth-bound (rather than .satellite) transmitters. To receive MMDS, a subscriber must have a special antenna installed. The FCC has adopted the same rules and procedures for MMDS and television antennas as for small satellite dishes. Private Covenants and Restrictions In many jurisdictions, restrictions on the use or plac,',~,-,xt of television antennas and satellite dish~ am contained in restrictive covenants in private developments rather than in any local law or zoning ordinances. The FCC's rules on small satellite d'ushes and antennas discussed above apply to these private rules and covenants if the pmpert~ question is owned or controlled by the antenna use~ The FCC has not yet made a decision on how to treat restrictions that apply to rental property, such as provisions in a tenant's lease that forbid putting an antenna on the roof, or restrictions that apply to common areas of condominiums, cooperatives and similar property. Telecommunications Facilities on Federal and State Property Finally, local governments that have federal buildings or federally owned lands such as national parks and forests within their borders will be interested in new section 704(c) of the Telecommunications Act. This provision should be a model for local governments considering adopting siting policies. Ideally, this policy could be adopted by the FCC as the standard for all government entities engaged in cellular tower siting. The provision encourages federal agencies to make federal property, rights-of-way, and easements available for a broad range of private sector telecommunications facilities, including television broadcast towers, cellular telephone towers, and microwave transmitters. The General Services Administration has established policy guidelines for federal agencies to carry out this provision. In contrast to the proposals of the FCC, the GSA policy is respectful of governmental interests m both federal, state and local. It requires federal agencies to act on requests for siting commercial facilities "in accordance with. .. State and local laws and regulations, and consistent with.., public health and safety concerns, environmental and aesthetic concerns, preservation of historic buildings and monuments, protection of natural and cultural resources .... " Local governments may want to contact the local or regidhal office of federal agencies that have buildings or land in the community to ensure that this coordination takes place.