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| Letter to the town by Commander Tansin A. Darcos 07/12/2018, 6:37pm PDT | ||||
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| Town of University Park July 12, 2018
6724 Baltimore Ave University Park, MD 20782 To the reader of this letter: This afternoon, Larry A. Long, Inspector for the County Permitting Department came by to see me, because I had a television receiving antenna installed in order to take Dish Network. The antenna is a satellite dish on a pole installed in front of my house about 3 feet in front of the driveway. While he did not know the exact code section, apparently this installation violated a county ordinance prohibiting installation of satellite dishes in the front yard of residences. Through research, I have discovered that the ordinance he is referring to is Sec. 27-424.02 Subsection (b) of this ordinance clearly states, “In no event shall a satellite dish antenna be located in the front yard. “ Normally that would end the matter, any satellite dish placed in a front yard would have to be moved. In fact, I called Dish Network and informed them of this requirement; they have promised to send someone out Tuesday to move the antenna. However, I should advise you that the Federal Communications Commission has issued OTARD (“Over-the-air receiving device”) regulations regarding the installation of satellite dishes and has chosen to preempt all local regulation of satellite dish installations except as permitted by the OTARD regulations. In short, the regulations seem to indicate localities - and one's landlord - apparently do not have jurisdiction to regulate where someone may put a receiving antenna for television including 1 meter or smaller satellite dishes on their private property except where prevention of damage, safety, or historic preservation are involved. The onus for proving the local rule or restriction on installation or placement of satellite dishes and other TV receiving antennas is valid is placed solely on the landlord, municipality or county. I just wish to advise you that were someone to file a federal court or FCC petition objecting to the county ordinance's prohibition on front-yard installed satellite dishes, it is probably likely the restriction would be struck down. I really have no dog in this fight, but I suspect that someone fighting this would win. So it's possible you may end up having to put up with front-yard satellite dishes in the future, whether or not you like it. Sincerely Yours Paul Robinson CC: Larry A. Long Enclosures |
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My Dish Network Antenna is illegal! by 07/12/2018, 4:42pm PDT  Now, it turns out, it probably isn't by 07/12/2018, 5:54pm PDT Letter to the town by 07/12/2018, 6:37pm PDT OTARDs unite! NT by 07/12/2018, 7:43pm PDT Good on you for getting the fee waived by 07/12/2018, 8:32pm PDT |
