TO:
Honorable Mayor and Members of the City Council
THROUGH:
David N. Carmany, City Manager
FROM:
Quinn Barrow, City Attorney
Kerry Dienelt, City Attorney's Office
SUBJECT:Title
Report on Abandoned Satellite Dishes.
RECEIVE AND FILE
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council receive and file this report.
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FISCAL IMPLICATIONS:
There are no fiscal implications associated with this action.
BACKGROUND:
The City's Strategic Plan contemplates a report to the City Council on removal of abandoned utility wires and satellite dishes. The City Attorney's Office has researched the City's authority to regulate the installation and removal of satellite dishes. This report is presented for Council and public information.
The Telecommunications Act of 1996 ("the Act") significantly limits local authority to regulate satellite dishes and other antennas (collectively "antennas"). However, cities may enforce restrictions provided those regulations do not impair the installation, maintenance or use of specific types of antennas. The Act provides some limited local control based upon safety restrictions or to preserve historic sites, buildings and districts.
Specifically as to a city's ability to remove antennas, the FCC has not yet decided whether cities may require the removal of antennas that are no longer in service. However, we will continue to monitor two pending matters in other states that may provide guidance on this subject.
DISCUSSION:
In enacting the Act, Congress intended to make available "a rapid, efficient, nation-wide and world-wide wire and radio communication service with adequate facilities at reasonable charges..." The Act requires the Federal Communications Commission ("FCC") to "promulgate regulations to prohibit restrictions that impair a viewer's ability to receive video programming services through...
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