Satellite Laws - Help

[nitstalker]

Ok, over time, I have seen this issue float by, but I havent paid much attention... Here is something our town is doing now... It is a form letter that they are mailing to everybody with dish's not on the rear of the house... Letter recieved in the mail:

Can somebody quote the law so I can bust them?

Dear Property Owner:

This letter serves as notice that your property is in violation of section 230-19 (Television antennas or similar devices) of the code of the town of Georgetown:

230-19 Television antennas or similar devices.

Any television antenna or other device erected, placed, or installed on any property to recieve television signals shall be considered to be an accessory building and shall be erected, installed, or placed at the rear of the main building located on the property and shall comply with all setbacks in the district in which the property is located. No television antenna shall be higher than 35 feet and no television antenna shall be placed in such a manner that it endangers any building located on any adjoining property. Any television antenna or other device installed to recieve television signals which is erected, installed, emplaced or attached or attached in such a manner that the maximum height, including that of the building shall not exceed 35 feet. Any device other than a television antenna used to recieve television signal shall not exceed a maximum size of four feet in diameter when located on a building or 10 feet in diameter when installed, emplaced or erected as an accessory building to the rear of the principal building.

Specifically as the result of the placement of a satellite dish at your property.

The town is requiring you to correct this vilation by relocating the satellite antenna(s) to the rear of the building as required by ordinance. Failure to resolve this violation within 30 days of reciept of this notice will result in the Town of Georgetown taking appropriate action.

 

[navychop]

For up to 3 meter dishes, look here.

 

[dishcomm]

For up to 3 meter dishes, look here.

Q: What types of restrictions are prohibited?

A: The rule prohibits restrictions that impair a person's ability to install, maintain, or use an antenna covered by the rule. The rule applies to state or local laws or regulations, including zoning, land-use or building regulations, private covenants, homeowners' association rules, condominium or cooperative association restrictions, lease restrictions, or similar restrictions on property within the exclusive use or control of the antenna user where the user has an ownership or leasehold 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 person from receiving or transmitting an acceptable quality signal from an antenna covered under the rule. The rule does not prohibit legitimate safety restrictions or restrictions designed to preserve designated or eligible historic or prehistoric properties, provided the restriction is no more burdensome than necessary to accomplish the safety or preservation purpose.

Q: What types of restrictions unreasonably delay or prevent viewers from using an antenna? Can an antenna user be required to obtain prior approval before installing his antenna?

A: A local restriction that prohibits all antennas would prevent viewers from receiving signals, and is prohibited by the Commission's rule. Procedural requirements can also unreasonably delay installation, maintenance or use of an antenna covered by this rule. For example, local regulations that require a person to obtain a permit or approval prior to installation create unreasonable delay and are generally prohibited. Permits or prior approval necessary to serve a legitimate safety or historic preservation purpose may be permissible. Although a simple notification process might be permissible, such a process cannot be used as a prior approval requirement and may not delay or increase the cost of installation. The burden is on the association to show that a notification process does not violate our rule.

Q: What is an unreasonable expense?

A: Any requirement to pay a fee to the local authority for a permit to be allowed to install an antenna would be unreasonable because such permits are generally prohibited. It may also be unreasonable for a local government, community association or landlord to require a viewer to incur additional costs associated with installation. Things to consider in determining the reasonableness of any costs imposed include: (1) the cost of the equipment and services, and (2) whether there are similar requirements for comparable objects, such as air conditioning units or trash receptacles. For example, restrictions cannot require that expensive landscaping screen relatively unobtrusive DBS antennas. A requirement to paint an antenna so that it blends into the background against which it is mounted would likely be acceptable, provided it will not interfere with reception or impose unreasonable costs.

I think that just about tells this guy's town where to go..

 

[dishcomm]

Ok, over time, I have seen this issue float by, but I havent paid much attention... Here is something our town is doing now... It is a form letter that they are mailing to everybody with dish's not on the rear of the house... Letter recieved in the mail:

Can somebody quote the law so I can bust them?

Dear Property Owner:

This letter serves as notice that your property is in violation of section 230-19 (Television antennas or similar devices) of the code of the town of Georgetown:

230-19 Television antennas or similar devices.

Any television antenna or other device erected, placed, or installed on any property to recieve television signals shall be considered to be an accessory building and shall be erected, installed, or placed at the rear of the main building located on the property and shall comply with all setbacks in the district in which the property is located. No television antenna shall be higher than 35 feet and no television antenna shall be placed in such a manner that it endangers any building located on any adjoining property. Any television antenna or other device installed to recieve television signals which is erected, installed, emplaced or attached or attached in such a manner that the maximum height, including that of the building shall not exceed 35 feet. Any device other than a television antenna used to recieve television signal shall not exceed a maximum size of four feet in diameter when located on a building or 10 feet in diameter when installed, emplaced or erected as an accessory building to the rear of the principal building.

Specifically as the result of the placement of a satellite dish at your property.

The town is requiring you to correct this vilation by relocating the satellite antenna(s) to the rear of the building as required by ordinance. Failure to resolve this violation within 30 days of reciept of this notice will result in the Town of Georgetown taking appropriate action.

What a bunch of nit picky yuppie crap...

 

[nitstalker]

Thanks... there is a new town manager here in town. He sent someone around town and sent everyone a letter that has a dish... His reasoning? He wants to clean up the town from these unsightly dishes that make the town look ugly.

 

[tsduke]

Thanks... there is a new town manager here in town. He sent someone around town and sent everyone a letter that has a dish... His reasoning? He wants to clean up the town from these unsightly dishes that make the town look ugly.

In other words, the local cable company is in his back pocket?

 

[Claude Greiner]

Unless the part of town you live in is considered a historic district, and there is no home owners association, I would tell this guy to go f**k himself!

 

[dishcomm]

Thanks... there is a new town manager here in town. He sent someone around town and sent everyone a letter that has a dish... His reasoning? He wants to clean up the town from these unsightly dishes that make the town look ugly.

Yeah, well my message to him would be "kiss my man sized ass"..The I take a copy of the FCC rules and a salt shaker and plave them on his desk ands say "here' chew on this".."And if you so much as look at me sideways you will be in for the most embarrasing leagal fight you could imagine"...
Day to day I find it amazing that the nerve of some people can be topped by the nerve of other people the next day...Clean up the town....I'd go that bastard's house and hand him a broom and a dustpan and tell him to have at it. Prick..

 

[Jim5506]

This is a municipality that is trying this. It seems their ordinance is superceeded by FCC regulations and they are the ones with the burden of proof. they must proove that your dish/antenna is not allowed where it is according to FCC regs, not city pomposity.

 

[Sammy033]

Funny thing is... considering how close Georgetown is to DC, you'd think it would know about Federal law better than most. Go figure.

 

[havana]

Well, I’ve taken Georgetown off my 1000 places to see before I die list...

 

[Foxbat]

Q: What types of restrictions are prohibited?

A: The rule prohibits restrictions that impair a person's ability to install, maintain, or use an antenna covered by the rule. The rule applies to state or local laws or regulations, including zoning, land-use or building regulations, private covenants, homeowners' association rules, condominium or cooperative association restrictions, lease restrictions, or similar restrictions on property within the exclusive use or control of the antenna user where the user has an ownership or leasehold 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 person from receiving or transmitting an acceptable quality signal from an antenna covered under the rule. The rule does not prohibit legitimate safety restrictions or restrictions designed to preserve designated or eligible historic or prehistoric properties, provided the restriction is no more burdensome than necessary to accomplish the safety or preservation purpose.

If you are located in a designated Historic District, you may not have any choice other than relocating the dish or taking it down. Sammy has it backward: Georgetown is close enough to DC that they made sure the law had a loophole that allowed them to keep Georgetown looking like it's still the 18th Century...

 

[Remilk]

My neighborhood association tried to do the same thing with those that had E or D. I printed off the pages at: FCC Fact Sheet on Placement of Antennas

and took them to the meeting.

After the Board Members read the information, they stopped discussion and announced that because of FCC regulation, they stated the the FCC regulations 'trumped' the association covenants.

My Dish remains!!

 

[nitstalker]

Georgetown's historic district is actually very small. I think the majority of their concern is the large population of Mexicans that are continuing to come here. Just about every one of them have Dish pointed at the internationals... So, that is one thing they can 'clean up'... Everybody else is just collateral damage... And you would be surprised, even being close to DC, many of these people dont know squat. I spoke with code enforcement and a couple people in the town and they never even heard of anything called 'otard' Alot of the people are dumb hicks...