Technologie i telekomunikacja · 30/05/1995

Preemption of Local Zoning Regulations

The Commission has proposed revisions to its rule preempting local regulation of satellite earth stations. These revisions are being proposed in response to two Petitions for Declaratory Ruling filed by Satellite Broadcasting and Communications Association and Hughes Network Systems, Inc. and as a result of the decision of the U.S. Court of Appeals of the Second Circuit where the court invalidated the requirement that satellite-antenna users exhaust all other legal remedies before petitioning the Commission for a declaratory ruling. [[Page 28078]] The revised rule modifies the exhaustion of remedies requirement to permit Commission interpretation of the rule prior to judicial review; modifies the reasonableness test in the current rule including establishing presumption of unreasonableness; provides a waiver process by which communities may request a waiver of some or all of this rule in recognition of local interests; and provides for immediate relief in particular cases by entertaining petitions for declaratory relief under the current rule on an interim basis pending completion of this rulemaking.