Loading...
HomeMy WebLinkAboutA004 - letter from Sterling Clink, Satellite Communications - comments about proposed ordinance ' 'ice©ice Satellite Communications December 6, 1983 City Council of Ames Department of Planning and Zoning Ames, Iowa 50010 Dear Sir or Madam: We have looked over the proposed ordinance. There are some questions that must be asked in this respect. A, Is there a problem? B. What is the problem? C. Has there been any valid complaints ? D. What specifically is this ordinance trying to do? E. Who wants the ordinance ? Normally an ordinance is passed with a permit attached for the preservation and good for the public and/or for protection of safety reasons. Is this not an attempt for legi31ation with out a demonstration of need? Why is a permit necessary? Satellite Television is limited to a specific line of site. The proposed ordinance would prohibit many - many users. Rigid regulations in respect to placement would ha ve to be subject to waive provisions. It truly eliminates any eight or ten foot systems whidi is the normal size used in Iowa . The proposed ordinance may be preempted by the Federal Communication Communication Commission acting on the authority of Congress through the Communications Act of 1934, "In 1934 Congress enacted the Communications Act and created the FCC for the purpose of regulating "communicadnons by wire and radio so as to make available to all the people of the United States a rapid effective Nationwide, and worldwide wire and radio communication service. " The FCC does not wish "to preclude a state or locality from exercizing jurisdiction over certain elements of a SMATV operation that properly may fall within its authority, such as zoning or public safety and health, provided the regulation in question is not undertaken as a pretext for the actual purpose of frustrating achievement of the preeminent federal objective and so long as the nor&-deral regulation is applied in a non-discriminatory manner. 307 E. Lincoln Way Ames, Iowa 50010 U.S.A. ©� Satellite Communications Page 2 of 2 Local authority over such concerns must be exercised so that local jurisdiction in fact does not inhibit or interfere with the delivery of interstate signals through the exercise of authority. Certain contervailing state interests may be legitimate but would interfere Err.tpermissibly with the federal interest in establishing and maintaining interstate satellite program delivery Are telephone lines regulated ? Are telephone poles regulated ? Are T. V. antennas regulated? If not. . . . trying to curb and zone direct satellite receivers is discriminatory and in violation of the Federal Communications Act. The proposed ordinance also smacks at a restraint of trade. J1- Sterling A. C ink Satellite Co m unications Co. SAC/ms 307 E. Lincoln Way Ames, Iowa 50010 U.S.A.