Cities Can’t Bar Satellite Dishes--FCC

The Federal Communications Commission today told the nation’s cities that they cannot outlaw satellite-receiving dishes as a way to promote the growth of cable TV.

But the commission, partially preempting local zoning authorities, voted 3 to 1 that municipalities are within their rights in banning the dishes if they interfere with public health, safety or welfare or if they conflict with “reasonable and clearly defined” aesthetic values.

The commission gave these examples of municipal actions:

--It said it would allow a town such as historic Williamsburg, Va., where all outside TV antennas are prohibited, to ban satellite dishes because they are not in keeping with Colonial architecture.

--But it said the city of Chicago, which satellite enthusiasts charged with an attempt to ban receiving dishes so that cable operators would have a greater opportunity to prosper, could not use its zoning authority for that purpose.

Manufacturers’ Request

Today’s ruling falls far short of a request by an antenna manufacturers’ group called SPACE that the commission sharply limit the aesthetic considerations that could be used by local officials.

SPACE warned that allowing local zoning authorities to ban dishes because some people don’t like their looks “would give opponents of earth stations a way to undermine” the FCC’s intent “because aesthetic concerns are inherently subjective (and) communities could devise aesthetic standards to support even the most prohibitive zoning.”

There are close to 2 million dishes in use, with 40,000 to 60,000 being sold each month.

Owners typically use them to watch movies and other programs being transmitted to cable-TV systems without paying a fee to the program service.

Signals Scrambled

Congress has made this legal as long as it is not done for commercial purposes, such as providing entertainment in a bar.

To combat this free viewing, some programming services are starting to scramble their signals. Home Box Office, one of the largest pay programmers, is scheduled to become the first to scramble its signal full time on Wednesday.

Television Digest, an industry newsletter, has reported that 17 cable programmers have decided to scramble their signals. That leaves more than 100 signals still unscrambled for earth station owners to tune to.

Satellites are routinely used not only for movies but also to transmit signals from news and sporting events, as well as other entertainment and information programming.