The Federal Communications Commission has proposed a rule that would effectively prohibit any condo association, homeowner group or other nongovernment entity from regulating placement of satellite dishes less than 1 meter (about 39 inches) in diameter.
The agency has indicated the rule would enable condo owners to place dishes anywhere - even in the complex's common areas - to receive satellite TV signals. Left unchecked, such a practice could lead to aesthetic nightmares at Honolulu high-rises, critics say.
"It doesn't take a lot of imagination to picture what these buildings might look like if dozens or hundreds of satellite dishes are stuck all over them," said Lahne, an attorney who represents homeowner and condo associations.
The rule is one of many the FCC is developing to implement the broad measures outlined in the landmark telecommunications bill adopted in February. Among other things the law stipulates that a viewer's ability to get TV signals over the air or through direct broadcast satellite services can't be impaired.
If the FCC rule is adopted in its current form, it likely would have no immediate effect on Hawaii because the satellite TV companies don't offer service here.
But several companies told the Star-Bulletin recently they plan to enter this market once they have the technical capability to do so, which would include launching a satellite for this region. All the companies use dishes less than 1 meter in diameter.
Once satellite TV service is offered locally, the dishes could spread quickly, said Emory Bush, president of Hawaiiana Management Co., one of the state's largest property management companies.
"It could proliferate in a hurry," Bush said.
But Steve Berkoff, president of Oahu Wireless Cable, a company that provides cable TV programming via microwave signals, said the proposed rule makes sense and would give homeowners more choice.
Berkoff, whose company serves close to 5,500 local customers, said Hawaii's planned communities and condos typically have stringent antenna restrictions, with many even banning the devices outright.
"This (FCC rule) would make it a lot easier for me to access homes in those developments," he said.
Oahu Wireless installs antennae about 18 inches long at customers' homes or offices.
Local condo executives said they were unaware of the satellite TV provision until after the telecom bill became law. The provision is only one sentence in the 110-page measure and received little attention as the bill went through Congress.
Since President Clinton signed the legislation, special interest groups of all sorts have been lob
bying the FCC in hopes of getting their versions of the various rules adopted. Condo representatives are pushing for a revised dish rule that gives associations some control over placement, especially for health and safety reasons.
Hawaii would be especially affected by whatever rule is ultimately adopted because it has a high concentration of high-rise condos, Bush and others say.
The FCC is scheduled to publish a final rule by mid-August.
It also is expected to adopt another rule dealing with regular TV antennae for over-the-air reception. The new law states that such antenna can't be regulated, not even for size.
Richard Ekimoto, another attorney who represents homeowner associations, believes both proposed rules are unconstitutional and eventually will be challenged in court.