The Fayette Citizen-News Page
Sunday, December 13, 1998
TV reception becomes a city problem

By DAVE HAMRICK
Staff Writer

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A Fayetteville family's poor television reception could bring about a precedent-setting decision by the city Planning Commission.

Commissioners will decide Tuesday whether to allow Heath Turner to put his digital miniature satellite dish in his front yard, though city ordinances call for equipment of that type to be put in the side or back yards.

The dish has to face southwest toward open sky in order to receive signals from the satellite, which hovers somewhere over Texas, but Turner's Parkside Drive neighbors have tall pine trees that stand between his dish and its satellite, unless he puts it in the front yard, he said.

Thinking he had solved the problem, Turner nestled the receiver among a stand of shrubbery around his mailbox, but that left it on city right-of-way, and somebody noticed. "I found out I can't put it there," said Turner.

Federal law prohibits local governments from preventing residents from receiving telecommunications satellite signals, but the burden of proof is on the resident. "We cannot prohibit you from receiving a signal," said commission chairman Bill Talley during a work session last week. "But we need testimony from some experts showing that you can't get reception somewhere other than in the front yard," he said.

Turner presented instructions for the satellite dish, showing that it must be pointed toward open sky and must be aimed southwest at a given angle, but commissioners suggested that before Tuesday's meeting he should get something more substantial.

Meanwhile, commissioners said they're sure this won't be the last request of this type.

"We're going to see this again and again," said one commissioner.


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