Dudes just pay up, who do you think you are, no one is above the law.
Being sarcastic, I hope. If not, you ought to realize that what Omaha is doing clearly violates OTARD. Federal law is supreme in the U.S.
Dudes just pay up, who do you think you are, no one is above the law.
This is the kicker that makes it violate OTARD. The fee is not being used to cover the cost of inspection, but instead to raise revenue. By being that purpose, it is considered an "unreasonable expense". Also, by being levied against only satellite and not OTA or Cable, it shows that it is targeting one type of business, and will get it tossed, the same as previous "satellite only" taxes have been."Also approved by the council was a new $50 fee for the city to inspect existing and new satellite TVs, which would raise about $2 million."
Is that really even legal? What's next? Got to charge a fee to inspect your house's electric, plumbing, construction and everything else as well? Where does it stop?
Satellite TV dishes might not be high on Omahans' lists of safety hazards.
But under the City Council's budget, dish owners would pay a $50 fee every three years, and the city would inspect to see that the dishes are wired and secured properly.
City Councilman Chris Jerram persuaded colleagues to include the fee in the 2010 budget. If the measure remains, the council would need to pass an ordinance to set up rules and to start collecting the money. A public hearing is scheduled for Sept. 15.
Jerram estimated that the fee would generate $2 million next year, based on an assumption that about 40,800 satellite dishes are in Omaha and in subdivisions and unincorporated areas on the city's outskirts — which would be covered by the fee.
Jerram said he made the estimate after talking to local cable companies, which track market penetration by the competition and “probably have pretty good information.”
Nielsen Media Research, which tracks TV habits, estimated that 78,000 homes in Omaha and surrounding communities have satellite TV service, or 19 percent of all houses with TV service in the area. That estimate, however, includes several other counties, including some in Iowa and one in Missouri, the company said.
Assuming the market percentage was the same in just Omaha and Douglas County, about 32,000 houses and apartment complexes would receive satellite service.
Jerram, whose calculations were questioned during Tuesday's council meeting, acknowledged that it was hard to be exact about the number of customers
Mayor Jim Suttle's staff is reviewing the satellite dish inspection fee to determine whether the figures are realistic.
Under Jerram's plan, owners of new or existing satellite dishes would pay a $50 registration fee every three years.
The city would spend $113,000 to hire two inspectors. The dishes would have to meet electrical and structural safety standards and wind-resistance rules.
Jerram noted that the city oversees a range of electrical, plumbing and other work and said satellite dish installation should be no different.
“I'm sure there are good installers of these and bad ones, but we can't roll the dice on public safety,” he said Wednesday.
DirecTV customer Amy Line sees the fee as simply a way for the city to collect more money.
“I don't find any safety issues, any more than I do with cable TV,” she said. “I've never even thought of that.”
She said her first reaction was, “‘How in the world did they come up with that?' It seemed very random and not well thought out.”
Jerram said that when he was campaigning this year, a few people said they didn't like how some rooftops are cluttered with the dishes. Jerram said he began taking more notice of the dishes during his exercise runs and discovered that they have electricity running to them. That got him thinking about safety, he said.
Research by the City Attorney's Office found that some cities in other states have passed similar inspection rules in recent years. Federal law prohibits taxing satellite customers, but charging a fee for inspections is allowed, Assistant City Attorney Tom Mumgaard said.
A DirecTV spokesman said the fee is counter to federal law, “anti-consumer and anti-competitive.”
“We will work swiftly and cooperatively with the City of Omaha to correct it,” said spokesman Robert Mercer.
Critics of the fee will have their chance to comment at the public hearing, Jerram said.
“There's one thing I've learned in my short time on the council,” he said. “Everybody's got an opinion.”
Contact the writer: 444-1149, tom.shaw@owh.com
How about all those people that do not know about this law that could get fined? Do owners have to tell the city that they have a satellite dish just like how you have to tell them about property that you own or will they come around and determine this themselves? Are they going to make this public notice to give owners a chance to find out about it? I hope those clowns get voted out of office next time. Maybe a campaign needs to be done against those that voted this in.
Dudes just pay up, who do you think you are, no one is above the law.
Bullsh!t... Cable companies are charged a fee which thye in turn pass along to their subscribers.lets see cox pays fees to the city and Dish/Direct tv doesn't they don't even need to be regulated by Omaha they already have it easier than cox. pay the $50
OMG, there is maybe 24 volts dc of electricity running to the lnb on that dish. Huge safety issue here compared to the 200 volts AC entering the houses. Why not an inspection fee for electric service to all the homes in Omaha? (I know, don't give politicians any ideas.)Jerram said he began taking more notice of the dishes during his exercise runs and discovered that they have electricity running to them. That got him thinking about safety, he said.
Notice that there are no examples provided of the "other cities" with a similar inspection fee.Research by the City Attorney's Office found that some cities in other states have passed similar inspection rules in recent years. Federal law prohibits taxing satellite customers, but charging a fee for inspections is allowed, Assistant City Attorney Tom Mumgaard said.
If so, it should be enforced in all cases. (cable installations and OTA antennas too...)If the national or local electrical code requires grounding then the grounding should be enforced. ....
Needless to say I am looking just 10 miles south into moving to the relative tax haven of South Carolina.,
Not to mention the SC governor.Can't speak to all the tax differences, but if you drive a fairly new or expensive car(s), and are planning to move to York County, SC (not sure which part of SC you are 10 miles from )...you might want to check into the insane car tax we're saddled with. That alone might kill your savings.
Yes, inspecting every three years is cuckoo. What NFPA 70 (NEC) spec requires this? This only sounds like the goal for a recurring revenue source.
I see that the city coucil guy is motivated by objection to the appearance of dishes on people's homes.
And, what's the deal with "wind-resistance rules"? What's that all about?
Also, the cable TV companes get a pass on the ostensible premise of safety as an issue.
If so, it should be enforced in all cases. (cable installations and OTA antennas too...)