TO:
Honorable Mayor and Members of the City Council
THROUGH:
David N. Carmany, City Manager
FROM:
Quinn M. Barrow, City Attorney
SUBJECT:Title
Follow-Up Report on 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:
This agenda item was pulled from the Consent Calendar at the September 3, 2013 City Council meeting and continued to the September 10, 2013 Adjourned Regular City Council meeting.
After considering a report on satellite dishes at the May 7, 2013 meeting, the City Council requested that the City Attorney's Office research whether the City may request an advisory opinion from the Federal Communications Commission (FCC) regarding the validity of proposed regulations related to satellite dishes. The City Council also asked for additional information regarding the FCC's consideration of existing regulations in the cities of Philadelphia and Chicago.
DISCUSSION:
The FCC Does Not Issue Advisory Opinions regarding Pending Local Regulations
The City Attorney's Office contacted the Administrative Law Division of the FCC's Office of General Counsel. We inquired as to whether there was a process for requesting an advisory opinion regarding the validity of local regulations related to satellite dishes. Deputy Associate General Counsel, Marilyn Sonn, informed us that the only procedures that exist are those that allow someone to petition to challenge a specific restriction regarding satellite dishes. Part 1 of Subchapter A, Chapter 1, of Title 47 contains the "Practice and Procedure" regulations for the FCC. The Commission may "issue a declaratory ruling terminating a controversy or removing uncertainty." 47 C.F.R. ? 1.2(a). This process for requesting a declaratory ruling...
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