REAL ESTATE AND THE LAW : Does City Have Say in Size of Satellite Dish?

Leon owns a house and wishes to install a satellite dish to receive TV channels not available locally. But a city ordinance prohibits satellite dishes greater than six feet in diameter, whereas a dish at least eight to 12 feet in diameter is necessary for adequate reception.

Although he knew his action violated local ordinances, Leon went ahead and installed a satellite dish. The city filed criminal charges. Leon was convicted of violating the city ordinance and fined $100. He then filed a lawsuit against the city, arguing its ordinance violates the Communications Satellite Act of 1962, which gives the Federal Communications Commission (FCC) exclusive authority to regulate satellite communications.

If you were the judge, would you rule the city ordinance is preempted by the FCC’s authority to regulate satellite communications?

The judge said yes.

Leon has successfully challenged the city’s ordinance, the judge ruled. Because the ordinance was preempted by a conflicting federal law, the city cannot enforce its ordinance, he explained. Therefore, an injunction is issued enjoining the city from enforcing its satellite dish size ordinance, which makes reception of satellite communications impossible, the judge concluded.