FCC seeks comment on declaratory ruling petition regarding Philadelphia ordinance

December 1, 2011

The Media Bureau issued a public notice Nov. 22 seeking comment on a Petition for Declaratory Ruling that an ordinance in Philadelphia regarding satellite-dish installation is preempted by the commission’s Over-the-Air Reception Devices Rule (Section 1.4000).

The petition, filed by the Satellite Broadcasting & Communications Association, targets a recently enacted satellite dish ordinance in the city. Among the restrictions imposed by the ordinance is one barring single-family homes from installing satellite dishes between the facades of the homes and the street if another location that is preferable to the city is available. The ordinance also prevents installation of a dish on street-facing balconies and patios of single-family homes.

The ordinance also requires registration of dishes in cases where no alternate location exists and that the antennas are painted a color that is acceptable to the city.

The Media Bureau notice said the proceeding will be treated as “permit but disclose” for purposes of the commission’s ex parte rules.

The Media Bureau set a Dec. 22 deadline for comments on the petition. Reply comments are due on or before Jan. 6, 2012. The bureau has assigned “CSR-8541-O” as the case identifier and requested all filings to include the identifier.

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