The FCC's first response to this issue was to enact rule 47 CFR § 25.104, which pre-empts zoning ordinances that restrict satellite dishes of less than one meter in diameter, or two meters if the area is zoned for commercial or industrial uses. The FCC's First Attempt - 47 CFR § 25.104 It was at this point that Congress and the FCC began to take an interest in addressing this impediment to a consumer's ability to receive information and communications. Despite their smaller size, however, dishes were still viewed as a nuisance by many rule-making bodies. As technology continued to advance, satellite dishes became smaller and less expensive, increasing their popularity with consumers. Eventually, the rule-makers began to catch up to the technology, and homeowners' associations and local governments began enacting rules that specifically prohibited satellite dishes. Although some courts differed on the amount of deference given to the rule-making body, the restrictions themselves were usually upheld if they had a reasonable relationship to some legitimate end of the rule-making body. v Keever, 595 So2d 1019, 1022 (1992) (free-standing satellite dish was found to be a "structure" within the meaning of the covenant) Iowa Realty Co, Inc v Jochims, 503 NW2d 385, 387 (1993) (covenant restricting "antennas of any kind" included within their scope a limitation on satellite dishes) Latera v Isle at Mission Bay Homeowners Association, Inc, 655 So2d 144, 145 (1995) (there was no difference between an antenna and a satellite dish for the purpose of interpreting a covenant restricting the use of antennas). Early court rulings primarily dealt with deciding if a satellite dish fell under the definition of an item already prohibited by the regulation or covenant, typically whether a dish could be considered either a "structure" or an "antenna." See Breeling v Churchill, 228 Neb 596, 598, 423 NW2d 469, 471 (1988) (restriction prohibiting all "outside radio, television, Ham broadcasting, or other electronic antenna or aerial" included a satellite dish) Killearn Acres Homeowners Association, Inc. As might be expected, some homeowners' associations, condominium associations, and local governments sought to impede the installation of satellite dishes in the interest of protecting community aesthetics. The early years of satellite television typically involved large dishes that were freestanding on a homeowner's property. The purpose of this article is to provide a brief look at the law prior to the Act, and then to analyze the impact and possible future effects of the 1996 FCC rule. A restriction is said to impair installation, maintenance or use of an antenna if it delays or prevents these actions, unreasonably increases the cost of these actions, or precludes reception of an acceptable quality signal. The restriction is prohibited only to the extent that it impairs a person's use of a particular type of receiver. Even if the regulation serves one of these two purposes, the restriction may be only as burdensome as is necessary to achieve the allowed purpose. Under these new rules, private restrictions against satellite receivers that are less than one meter in diameter are presumptively unreasonable and prohibited, unless the restriction has either a clearly defined and valid safety objective or is necessary to preserve a recognized historic district. The FCC responded by enacting 47 CFR § 1.4000. In anticipation of these conflicts, and to facilitate competition between cable television providers and satellite television providers, Congress included a provision in the 1996 Telecommunications Act (Act) that directed the Federal Communications Commission (FCC) to promulgate rules that would regulate the use of direct-to-home satellite dishes. With the increasing popularity of home satellite television, conflicts are bound to arise between prospective dish users, regulations, and restrictive covenants that prohibit satellite dishes. there is hereby created a commission to be known as the "Federal Communications Commission." 47 USC § 151. Beck, ATG Senior Law Clerkįor the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States a rapid, efficient, nationwide, and worldwide wire and radio communication service with adequate facilities at reasonable charges. THE FCC, HOMEOWNERS' ASSOCIATIONS, AND SATELLITE DISHESīy Christopher J.
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