rwilli1
11-22-2009, 01:59 AM
Satellite : Hazleton, Pennsylvania to repeal satellite dish law
A Hazleton ordinance that regulates the placement of television satellite dishes is on its way out.
On its first reading Thursday, city council unanimously approved an ordinance that will repeal the original satellite dish ordinance.
According to city solicitor Christopher Slusser, the repeal is an effort to avoid a lawsuit.
"It's been challenged," Slusser said. "We are repealing the ordinance to terminate litigation that has been initiated."
The original ordinance, which was adopted in February, set a $10 fee to cover the city's cost of inspecting the installation. It also established a $100 fine on violations. Its adoption was prompted by citizen complaints and photographic evidence of satellite dishes hanging off buildings, mounted to utility poles and dangling from loose connections.
At the time of its adoption, local dish company representatives protested the proposal, but Mayor Lou Barletta said the ordinance was not a tax or penalty against dish networks but a preventive approach for the safety of pedestrians who may be injured by improperly installed dishes.
Slusser said Thursday that a complaint against the city ordinance was recently filed with the Federal Communications Commission by representatives of local dish companies.
Slusser said he stands by the original ordinance, but recommended council repeal in the interest of avoiding a legal battle.
"It is certainly a defensible ordinance. But in the current economic climate, I recommend council repeal the ordinance in order to terminate litigation," Slusser said.
He declined to specify the names on the complaint.
When council entertained the original ordinance in February, Patrick Smith, a field representative with D*sh Network, told council the ordinance is a violation of Rule 47 of the Telecommunications Act of 1996, which prohibits restrictions on the installation, maintenance or use of TV satellite dishes. Smith argued that it is unreasonable for the city to impose a $10 inspection fee on dish customers when providers, such as D*sh Network, utilize trained technicians to install dishes.
The city said the hazardously installed dishes are installed by private citizens, not licensed contractors.
When Emmit Thomas of Penn Star Satellite of Wilkes-Barre told council no other municipality has a satellite dish ordinance, Barletta said it wouldn't be the first time Hazleton was the first city to initiate legislation.
The ordinance repealing the satellite dish law is scheduled for its second and third readings on Dec. 3 at which time it would become final.
According to Slusser, repeal would eliminate every part of the original ordinance including the inspection permit and fee.
A Hazleton ordinance that regulates the placement of television satellite dishes is on its way out.
On its first reading Thursday, city council unanimously approved an ordinance that will repeal the original satellite dish ordinance.
According to city solicitor Christopher Slusser, the repeal is an effort to avoid a lawsuit.
"It's been challenged," Slusser said. "We are repealing the ordinance to terminate litigation that has been initiated."
The original ordinance, which was adopted in February, set a $10 fee to cover the city's cost of inspecting the installation. It also established a $100 fine on violations. Its adoption was prompted by citizen complaints and photographic evidence of satellite dishes hanging off buildings, mounted to utility poles and dangling from loose connections.
At the time of its adoption, local dish company representatives protested the proposal, but Mayor Lou Barletta said the ordinance was not a tax or penalty against dish networks but a preventive approach for the safety of pedestrians who may be injured by improperly installed dishes.
Slusser said Thursday that a complaint against the city ordinance was recently filed with the Federal Communications Commission by representatives of local dish companies.
Slusser said he stands by the original ordinance, but recommended council repeal in the interest of avoiding a legal battle.
"It is certainly a defensible ordinance. But in the current economic climate, I recommend council repeal the ordinance in order to terminate litigation," Slusser said.
He declined to specify the names on the complaint.
When council entertained the original ordinance in February, Patrick Smith, a field representative with D*sh Network, told council the ordinance is a violation of Rule 47 of the Telecommunications Act of 1996, which prohibits restrictions on the installation, maintenance or use of TV satellite dishes. Smith argued that it is unreasonable for the city to impose a $10 inspection fee on dish customers when providers, such as D*sh Network, utilize trained technicians to install dishes.
The city said the hazardously installed dishes are installed by private citizens, not licensed contractors.
When Emmit Thomas of Penn Star Satellite of Wilkes-Barre told council no other municipality has a satellite dish ordinance, Barletta said it wouldn't be the first time Hazleton was the first city to initiate legislation.
The ordinance repealing the satellite dish law is scheduled for its second and third readings on Dec. 3 at which time it would become final.
According to Slusser, repeal would eliminate every part of the original ordinance including the inspection permit and fee.