Satellite Broadcasting and Communications Association (SBCA)… Dish Ordinance Dissed (Legal)

SBCA filed a Joint Petition for Declaratory Ruling with the Federal Communications against a satellite dish ordinance (Ordinance NO. 16-2009) enacted last year by the City of Reading, Pennsylvania. Submitted today (Friday, June 18, 2010), the petition was filed jointly with DirectSat USA, an installation provider of satellite services in the Reading area and throughout the East and Midwest Regions of the United States.

The petition urges the Federal Communications Commission (FCC) to require Reading to suspend all enforcement efforts while they consider the issue. The petition seeks a declaratory ruling from the FCC that provisions of the ordinance violate the FCC’s Over-the-Air-Reception Device Rule.[1] SBCA’s petition addresses several provisions of the ordinance such as those that require consumers to apply for and receive a certificate of appropriateness and permit prior to installing a satellite dish and provisions requiring mandatory screening for satellite dishes. Additionally, the petition argues that the impairments to satellite service imposed by the Ordinance are not eligible for the FCC’s historic preservation exemption in the OTARD rule.

“The Reading ordinance violates federal law,” said SBCA’s Director of Public Policy & Outreach Lisa McCabe. “The City’s ordinance is burdensome, anti-competitive and negatively impacts customers who depend on satellite TV for programming services.”

[1] 47 C.F.R. Section 1.4000

About SBCA — The Satellite Broadcasting and Communications Association is the national trade organization representing all segments of the consumer satellite industry. It is committed to creating value added programs to improve the long term growth and sustainability of our member companies while continuing the industry’s leadership in protecting the rights of consumers and technicians to access the best in satellite delivered services. Additional information can be found at www.sbca.org.