FEDERAL COMMUNICATIONS COMMISSION
FACT SHEET
May 2001
Over-the-Air Reception Devices Rule
Preemption of Restrictions on Placement of Direct Broadcast Satellite,
Multichannel Multipoint Distribution Service, and Television Broadcast
Antennas
Quick Links to Document Sections Below
As directed by Congress in Section 207 of the Telecommunications Act of
1996, the Federal Communications Commission adopted the Over-the-Air Reception
Devices Rule concerning governmental and nongovernmental restrictions on
viewers' ability to receive video programming signals from direct broadcast
satellites ("DBS"), multichannel multipoint distribution (wireless cable)
providers ("MMDS"), and television broadcast stations ("TVBS").
The rule is cited as 47 C.F.R. Section 1.4000 and has been in effect since
October 14, 1996. It prohibits restrictions that impair the installation,
maintenance or use of antennas used to receive video programming. The rule
applies to video antennas including direct-to- home satellite dishes that are
less than one meter (39.37") in diameter (or of any size in Alaska), TV
antennas, and wireless cable antennas. The rule prohibits most restrictions
that: (1) unreasonably delay or prevent installation, maintenance or use; (2)
unreasonably increase the cost of installation, maintenance or use; or (3)
preclude reception of an acceptable quality signal.
Effective January 22, 1999, the Commission amended the rule so that it also
applies to rental property where the renter has an exclusive use area, such as
a balcony or patio.
On October 25, 2000, the Commission further amended the rule so that it
applies to customer-end antennas that receive and transmit fixed wireless
signals. This amendment became effective on May 25, 2001.
The rule applies to viewers who place antennas that meet size limitations
on property that they own or rent and that is within their exclusive use or
control, including condominium owners and cooperative owners, and tenants who
have an area where they have exclusive use, such as a balcony or patio, in
which to install the antenna. The rule applies to townhomes and manufactured
homes, as well as to single family homes.
The rule allows local governments, community associations and landlords to
enforce restrictions that do not impair the installation, maintenance or use
of the types of antennas described above, as well as restrictions needed for
safety or historic preservation. In addition, under some circumstances, the
availability of a central or common antenna can be used by a community
association or landlord to restrict the installation of individual antennas.
In addition, the rule does not apply to common areas that are owned by a
landlord, a community association, or jointly by condominium or cooperative
owners. Such common areas may include the roof or exterior wall of a multiple
dwelling unit. Therefore, restrictions on antennas installed in or on such
common areas are enforceable.
This fact sheet provides general answers to questions that may arise about
the implementation of the rule, but is not the rule itself. For further
information or a copy of the rule, call the Federal Communications Commission
at 888-CALLFCC (toll free) or (202) 418-7096. The rule is also available via
the Internet by going to links to relevant Orders and the
rule.
Q: What types of antennas are covered by the rule?
A: The rule applies to the following types of video antennas:
(1) A "dish" antenna that is one meter (39.37") or less in diameter (or any
size dish if located in Alaska) and is designed to receive direct broadcast
satellite service, including direct-to-home satellite service, or to receive
or transmit fixed wireless signals via satellite.
(2) An antenna that is one meter or less in diameter or diagonal
measurement and is designed to receive video programming services via MMDS
(wireless cable) or to receive or transmit fixed wireless signals other than
via satellite.
(3) An antenna that is designed to receive local television broadcast
signals. Masts higher than 12 feet above the roofline may be subject to local
permitting requirements.
In addition, antennas covered by the rule may be mounted on "masts" to
reach the height needed to receive or transmit an acceptable quality signal
(e.g. maintain line-of-sight contact with the transmitter or view the
satellite). Masts higher than 12 feet above the roofline may be subject to
local permitting requirements for safety purposes. Further, masts that extend
beyond an exclusive use area may not be covered by this rule.
Q: What are "fixed wireless signals"?
A: "Fixed wireless signals" are any commercial non-broadcast communications
signals transmitted via wireless technology to and/or from a fixed customer
location. Examples include wireless signals used to provide telephone service
or high-speed Internet access to a fixed location. This definition does not
include, among other things, AM/FM radio, amateur ("HAM") radio, Citizens Band
("CB") radio, and Digital Audio Radio Services ("DARS") signals.
Q: What types of restrictions are prohibited?
A: The rule prohibits restrictions that impair a person's ability to
install, maintain, or use an antenna covered by the rule. The rule applies to
state or local laws or regulations, including zoning, land-use or building
regulations, private covenants, homeowners' association rules, condominium or
cooperative association restrictions, lease restrictions, or similar
restrictions on property within the exclusive use or control of the antenna
user where the user has an ownership or leasehold interest in the property. A
restriction impairs if it: unreasonably delays or prevents use of; (2)
unreasonably increases the cost of; or (3) precludes a person from receiving
or transmitting an acceptable quality signal from an antenna covered under the
rule. The rule does not prohibit legitimate safety restrictions or
restrictions designed to preserve designated or eligible historic or
prehistoric properties, provided the restriction is no more burdensome than
necessary to accomplish the safety or preservation purpose.
Q: What types of restrictions unreasonably delay or prevent viewers from
using an antenna?
A: A local restriction that prohibits all antennas would prevent viewers
from receiving signals, and is prohibited by the Commission's rule. Procedural
requirements can also unreasonably delay installation, maintenance or use of
an antenna covered by this rule. For example, local regulations that require a
person to obtain a permit or approval prior to installation create
unreasonable delay and are generally prohibited. Permits or prior approval
necessary to serve a legitimate safety or historic preservation purpose may be
permissible.
Q: What is an unreasonable expense?
A: Any requirement to pay a fee to the local authority for a permit to be
allowed to install an antenna would be unreasonable because such permits are
generally prohibited. It may also be unreasonable for a local government,
community association or landlord to require a viewer to incur additional
costs associated with installation. Things to consider in determining the
reasonableness of any costs imposed include: (1) the cost of the equipment and
services, and (2) whether there are similar requirements for comparable
objects, such as air conditioning units or trash receptacles. For example,
restrictions cannot require that expensive landscaping screen relatively
unobtrusive DBS antennas. A requirement to paint an antenna so that it blends
into the background against which it is mounted would likely be acceptable,
provided it will not interfere with reception or impose unreasonable costs.
Q: What restrictions prevent a viewer from receiving an acceptable quality
signal?
A: For antennas designed to receive analog signals, such as TVBS, a
requirement that an antenna be located where reception would be impossible or
substantially degraded is prohibited by the rule. However, a regulation
requiring that antennas be placed where they are not visible from the street
would be permissible if this placement does not prevent reception of an
acceptable quality signal or impose unreasonable expense or delay. For
example, if installing an antenna in the rear of the house costs significantly
more than installation on the side of the house, then such a requirement would
be prohibited. If, however, installation in the rear of the house does not
impose unreasonable expense or delay or preclude reception of an acceptable
quality signal, then the restriction is permissible and the viewer must
comply.
The acceptable quality signal standard is different for devices designed to
receive digital signals, such as DBS antennas, digital MMDS antennas, digital
television ("DTV") antennas, and digital fixed wireless antennas. For a
digital antenna to receive or transmit an acceptable quality signal, the
antenna must be installed where it has an unobstructed, direct view of the
satellite or other device from which signals are received or to which signals
are to be transmitted. Unlike analog antennas, digital antennas, even in the
presence of sufficient over-the-air signal strength, will at times provide no
picture or sound unless they are placed and oriented properly.
Q: Are all restrictions prohibited?
A: No, many restrictions are permitted. Clearly-defined, legitimate safety
restrictions are permitted even if they impair installation, maintenance or
use provided they are necessary to protect public safety and are no more
burdensome than necessary to ensure safety. Examples of valid safety
restrictions include fire codes preventing people from installing antennas on
fire escapes; restrictions requiring that a person not place an antenna within
a certain distance from a power line; and installation requirements that
describe the proper method to secure an antenna. The safety reason for the
restriction must be written in the text, preamble or legislative history of
the restriction, or in a document that is readily available to antenna users,
so that a person wanting to install an antenna knows what restrictions apply.
Safety restrictions cannot discriminate between objects that are comparable in
size and weight and pose the same or a similar safety risk as the antenna that
is being restricted.
Restrictions necessary for historic preservation may also be permitted even
if they impair installation, maintenance or use of the antenna. To qualify for
this exemption, the property may be any prehistoric or historic district,
site, building, structure or object included in, or eligible for inclusion on,
the National Register of Historic Places. In addition, restrictions necessary
for historic preservation must be no more burdensome than necessary to
accomplish the historic preservation goal. They must also be imposed and
enforced in a non-discriminatory manner, as compared to other modern
structures that are comparable in size and weight and to which local
regulation would normally apply.
Q: How does the rule apply to restrictions on radiofrequency (RF) exposure
from antennas that have the capability to transmit signals?
A: All transmitters regulated by the Commission, including the customer-end
fixed wireless antennas (either satellite or terrestrial) covered under the
amended rule, are required to meet the applicable Commission guidelines
regarding RF exposure limits. The limits established in the guidelines are
designed to protect the public health with a large margin of safety. These
limits have been endorsed by federal health and safety agencies, such as the
Environmental Protection Agency and the Food and Drug Administration. The
Commission requires that providers of fixed wireless service exercise
reasonable care to protect users and the public from RF exposure in excess of
the Commission's limits. In addition, as a condition of invoking protection
under the rule from government, landlord, and association restrictions, a
provider of fixed wireless service must ensure that customer-end antennas are
labeled to give notice of potential RF safety hazards posed by these antennas.
It is recommended that antennas that both receive and transmit signals be
installed by professional personnel to maximize effectiveness and minimize the
possibility that the antenna will be placed in a location that is likely to
expose subscribers or other persons to the transmit signal at close proximity
and for an extended period of time. In general, associations, landlords, local
governments and other restricting entities may not require professional
installation for receive-only antennas, such as one-way DBS satellite dishes.
However, local governments, associations, and property owners may require
professional installation for transmitting antennas based on the safety
exception to the rule. Such safety requirements must be: (1) clearly defined;
(2) based on a legitimate safety objective (such as bona fide concerns about
RF radiation) which is articulated in the restriction or readily available to
antenna users; (3) applied in a non-discriminatory manner; and (4) no more
burdensome than necessary to achieve the articulated objectives.
For additional information about the Commission's RF exposure limits,
please visit
http://www.fcc.gov/oet/rfsafety
or call the RF Safety Information Line at 202-418-2464.
Q: Whose antenna restrictions are prohibited?
A: The rule applies to restrictions imposed by local governments, including
zoning, land-use or building regulations; by homeowner, townhome, condominium
or cooperative association rules, including deed restrictions, covenants,
by-laws and similar restrictions; and by manufactured housing (mobile home)
park owners and landlords, including lease restrictions. The rule only applies
to restrictions on property where the viewer has an ownership or leasehold
interest and exclusive use or control.
Q: If I live in a condominium or an apartment building, does this rule
apply to me?
A: The rule applies to antenna users who live in a multiple dwelling unit
building, such as a condominium or apartment building, if the antenna user has
an exclusive use area in which to install the antenna. "Exclusive use" means
an area of the property that only you, and persons you permit, may enter and
use to the exclusion of other residents. For example, your condominium or
apartment may include a balcony, terrace, deck or patio that only you can use,
and the rule applies to these areas. The rule does not apply to common areas,
such as the roof, the hallways, the walkways or the exterior walls of a
condominium or apartment building. Restrictions on antennas installed in these
common areas are not covered by the Commission's rule. For example, the rule
would not apply to prohibit restrictions that prevent drilling through
the exterior wall of a condominium or rental unit.
Q: Does the rule apply to condominiums or apartment buildings if the
antenna is installed so that it hangs over or protrudes beyond the balcony
railing or patio wall?
A: No. The rule does not prohibit restrictions on antennas installed beyond
the balcony or patio of a condominium or apartment unit if such installation
is in, on, or over a common area. An antenna that extends out beyond the
balcony or patio is usually considered to be in a common area that is not
within the scope of the rule. Therefore, the rule does not apply to a
condominium or rental apartment unit unless the antenna is installed wholly
within the exclusive use area, such as the balcony or patio.
Q: Does the fact that management or the association has the right to enter
these areas mean that the resident does not have exclusive use?
A: No. The fact that the building management or the association may enter
an area for the purpose of inspection and/or repair does not mean that the
resident does not have exclusive use of that area. Likewise, if the landlord
or association regulates other uses of the exclusive use area (e.g., banning
grills on balconies), that does not affect the viewer's rights under the
Commission's rule. This rule permits persons to install antennas on property
over which the person has either exclusive use or exclusive
control. Note, too, that nothing in this rule changes the landlord's or
association's right to regulate use of exclusive use areas for other purposes.
For example, if the lease prohibits antennas and flags on balconies, only the
prohibition of antennas is eliminated by this rule; flags would still be
prohibited.
Q: Does the rule apply to residents of rental property?
A: Yes. Effective January 22, 1999, renters may install antennas within
their leasehold, which means inside the dwelling or on outdoor areas that are
part of the tenant's leased space and which are under the exclusive use or
control of the tenant. Typically, for apartments, these areas include
balconies, balcony railings, and terraces. For rented single family homes or
manufactured homes which sit on rented property, these areas include the home
itself and patios, yards, gardens or other similar areas. If renters do not
have access to these outside areas, the tenant may install the antenna inside
the rental unit. Renters are not required to obtain the consent of the
landlord prior to installing an antenna in these areas. The rule does not
apply to common areas, such as the roof or the exterior walls of an apartment
building. Generally, balconies or patios that are shared with other people or
are accessible from other units are not considered to be exclusive use areas.
Q: Are there restrictions that may be placed on residents of rental
property?
A: Yes. A restriction necessary to prevent damage to leased property may be
reasonable. For example, tenants could be prohibited from drilling holes
through exterior walls or through the roof. However, a restriction designed to
prevent ordinary wear and tear (e.g. , marks, scratches, and minor
damage to carpets, walls and draperies) would likely not be reasonable
provided the antenna is installed wholly within the antenna user's own
exclusive use area.
In addition, rental property is subject to the same protection and
exceptions to the rule as owned property. Thus, a landlord may impose other
types of restrictions that do not impair installation, maintenance or use
under the rule. The landlord may also impose restrictions necessary for safety
or historic preservation.
Q: If I live in a condominium, cooperative, or other type of residence
where certain areas have been designated as "common," do these rules apply to
me?
A: The rules apply to residents of these types of buildings, but the rules
do not permit you to install an antenna on a common area, such as a walkway,
hallway, community garden, exterior wall or the roof. However, you may install
the antenna wholly within a balcony, deck, patio, or other area where you have
exclusive use.
Drilling through an exterior wall, e.g. to run the cable from the
patio into the unit, is generally not within the protection of the rule
because the exterior wall is generally a common element. You may wish to check
with your retailer or installer for advice on how to install the antenna
without drilling a hole. Alternatively, your landlord or association may grant
permission for you to drill such a hole. The Commission's rules generally do
not cover installations if you drill through a common element.
Q: If my association, building management, landlord, or property owner
provides a central antenna, may I install an individual antenna?
A: Generally, the availability of a central antenna may allow the
association, landlord, property owner, or other management entity to restrict
the installation by individuals of antennas otherwise protected by the rule.
Restrictions based on the availability of a central antenna will generally be
permissible provided that: (1) the person receives the particular video
programming or fixed wireless service that the person desires and could
receive with an individual antenna covered under the rule (e.g ., the
person would be entitled to receive service from a specific provider, not
simply a provider selected by the association); (2) the signal quality of
transmission to and from the person's home using the central antenna is as
good as, or better than, than the quality the person could receive or transmit
with an individual antenna covered by the rule; (3) the costs associated with
the use of the central antenna are not greater than the costs of installation,
maintenance and use of an individual antenna covered under the rule; and (4)
the requirement to use the central antenna instead of an individual antenna
does not unreasonably delay the viewer's ability to receive video programming
or fixed wireless services.
Q: May the association, landlord, building management or property owner
restrict the installation of an individual antenna because a central antenna
will be available in the future?
A: It is not the intent of the Commission to deter or unreasonably delay
the installation of individual antennas because a central antenna may become
available. However, persons could be required to remove individual antennas
once a central antenna is available if the cost of removal is paid by the
landlord or association and the user is reimbursed for the value of the
antenna. Further, an individual who wants video programming or fixed wireless
services other than what is available through the central antenna should not
be unreasonably delayed in obtaining the desired programming or services
either through modifications to the central antenna, installation of an
additional central antenna, or by using an individual antenna.
Q: I live in a townhome community. Am I covered by the FCC rule?
A: Yes. If you own the whole townhouse, including the walls and the roof
and the land under the building, then the rule applies just as it does for a
single family home, and you may be able to put the antenna on the roof, the
exterior wall, the backyard or any other place that is part of what you own.
If the townhouse is a condominium, then the rule applies as it does for any
other type of condominium, which means it applies only where you have an
exclusive use area. If it is a condominium townhouse, you probably cannot use
the roof, the chimney, or the exterior walls unless the condominium
association gives you permission. You may want to check your ownership
documents to determine what areas are owned by you or are reserved for your
exclusive use.
Q: I live in a condominium with a balcony, but I cannot receive a signal
from the satellite because my balcony faces north. Can I use the roof?
A: No. The roof of a condominium is generally a common area, not an area
reserved for an individual's exclusive use. If the roof is a common area, you
may not use it unless the condominium association gives you permission. The
condominium is not obligated to provide a place for you to install an antenna
if you do not have an exclusive use area.
Q: I live in a mobile home that I own but it is located in a park where I
rent the lot. Am I covered by the FCC rule?
A: Yes. The rule applies if you install the antenna anywhere on the mobile
or manufactured home that is owned by you. The rule also applies to antennas
installed on the lot or pad that you rent, as well as to other areas that are
under your exclusive use and control. However, the rule does not apply if you
want to install the antenna in a common area or other area outside of what you
rent.
Q: I want a conventional "stick" antenna to receive a distant over-the air
television signal. Does the rule apply to me?
A: No. The rule does not apply to television antennas used to receive a
distant signal.
Q: I want to install an antenna for broadcast radio or amateur radio. Does
the rule apply to me?
A: No. The rule does not apply to antennas used for AM/FM radio, amateur
("ham") radio, Citizen's Band ("CB") radio or Digital Audio Radio Services ("DARS").
Q: I want to install an antenna to access the Internet. Does the rule apply
to me?
A: Yes. Antennas designed to receive and/or transmit data services,
including Internet access, are included in the rule.
Q: Does this mean that I can install an antenna that will be used for voice
and data services even though it does not provide video transmissions?
A: Yes. The most recent amendment expands the rule and permits you to
install an antenna that will be used to transmit and/or receive voice and data
services, except as noted above. The rule will also continue to cover antennas
used to receive video programming.
Q: I have already installed an antenna that is used solely for the purpose
of receiving video programming. Am I affected by this amendment?
A: Persons who have already installed, or who plan to install, an antenna
designed to receive only video programming are not affected by this amendment.
The purpose of the amendment is to permit persons to install antennas that may
be used for voice and data services, as well as for video programming
services. The rules concerning restrictions on the placement of video antennas
will apply equally to antennas that are used for voice and data services.
Q: I'm a board member of a homeowners' association, and we want to revise
our restrictions so that they will comply with the FCC rule. Do you have
guidelines you can send me?
A: We do not have sample guidelines because every community is different.
We can send you the rule and the relvant orders, which will give you general
guidance. (See list of documents at the end of this factsheet
. Some communities have written restrictions that provide a prioritized list
of placement preferences so that residents can see where the association wants
them to install the antenna. The residents should comply with the placement
preferences provided the preferred placement does not impose unreasonable
delay or expense or preclude reception of an acceptable quality signal.
Q: What restrictions are permitted if the antenna must be on a very tall
mast to get a signal?
A: If you have an exclusive use area that is covered by the rule and need
to put your antenna on a mast, the local government, community association or
landlord may require you to apply for a permit for safety reasons if the mast
extends more than 12 feet above the roofline. If you meet the safety
requirements, the permit should be granted. Note that the Commission's rule
only applies to antennas and masts installed wholly within the antenna user's
exclusive use area. Masts that extend beyond the exclusive use area are
outside the scope of the rule. For installations on single family homes, the
"exclusive use area" generally would be anywhere on the home or lot and the
mast height provision is usually most relevant in these situations. For
example, if a homeowner needs to install an antenna on a mast that is more
than 12 feet taller than the roof of the home, the homeowners' association or
local zoning authority may require a permit to ensure the safety of such an
installation, but may not prohibit the installation unless there is no way to
install it safely. On the other hand, if the owner of a condominium in a
building with multiple dwelling units needs to put the antenna on a mast that
extends beyond the balcony boundaries, such installation would generally be
outside the scope and protection of the rule, and the condominium association
may impose any restrictions it wishes (including an outright prohibition)
because the Commission rule does not apply in this situation.
Q: Does the rule apply to commercial property or only residential property?
A: Nothing in the rule excludes antennas installed on commercial property.
The rule applies to property used for commercial purposes in the same way it
applies to residential property.
Q: What can a local government, association, or consumer do if there is a
dispute over whether a particular restriction is valid?
A: Restrictions that impair installation, maintenance or use of the
antennas covered by the rule are preempted (unenforceable) unless they are no
more burdensome than necessary for the articulated legitimate safety purpose
or for preservation of a designated or eligible historic site or district. If
a person believes a restriction is preempted, but the local government,
community association, or landlord disagrees, either the person or the
restricting entity may file a Petition for Declaratory Ruling with the FCC or
a court of competent jurisdiction. We encourage parties to attempt to resolve
disputes prior to filing a petition. Often calling the FCC for information
about how the rule works and applies in a particular situation can help to
resolve the dispute. If a local government, community association, or landlord
acknowledges that its restriction impairs installation, maintenance, or use
and is preempted under the rule but believes it can demonstrate "highly
specialized or unusual" concerns, the restricting entity may apply to the
Commission for a waiver of the rule.
Q: What is the procedure for filing a petition or requesting a waiver at
the Commission?
A: There is no special form for a petition. You may simply describe the
facts, including the specific restriction(s) that you wish to challenge. If
possible, attach a copy of the restriction(s) and any relevant correspondence.
If this is not possible, be sure to include the exact language of the
restriction in question with the petition. General or hypothetical questions
about the application or interpretation of the rule cannot be accepted as
petitions.
Petitions for declaratory rulings and waivers must be served on all
interested parties. For example, if a homeowners' association files a petition
seeking a declaratory ruling that its restriction is not preempted and is
seeking to enforce the restriction against a specific resident, service must
be made on that specific resident. The homeowners' association will not be
required to serve all other members of the association, but must provide
reasonable, constructive notice of the proceeding to other residents whose
interests foreseeably may be affected. This may be accomplished, for example,
by placing notices in residents' mailboxes, by placing a notice on a community
bulletin board, or by placing the notice in an association newsletter. If a
local government seeks a declaratory ruling or a waiver from the Commission,
the local government must take steps to afford reasonable, constructive notice
to residents in its jurisdiction (e.g., by placing a notice in a local
newspaper of general circulation). Proof of constructive notice must be
provided with a petition. In this regard, the petitioner should provide a copy
of the notice and an explanation of where the notice was placed and how many
people the notice reasonably might have reached.
Finally, if a person files a petition or lawsuit challenging a local
government's ordinance, an association's restriction, or a landlord's lease,
the person must serve the local government, association or landlord, as
appropriate. You must include a "proof of service" with your petition.
Generally, the "proof of service" is a statement indicating that on the same
day that your petition was sent to the Commission, you provided a copy of your
petition (and any attachments) to the person or entity that is seeking to
enforce the antenna restriction. The proof of service should give the name and
address of the parties served, the date served, and the method of service used
(e.g. , regular mail, personal service, certified mail).
All allegations of fact contained in petitions and related pleadings before
the Commission must be supported by an affidavit signed by one or more persons
who have actual knowledge of such facts. You must send an original and two
copies of the petition and all attachments to: Secretary, Federal
Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554,
Attention: Cable Services Bureau.
Q: Can I continue to use my antenna while the petition or waiver request is
pending?
A: Yes, unless the restriction being challenged or for which a waiver is
sought is necessary for reasons of safety or historic preservation. Otherwise,
the restriction cannot be enforced while the petition is pending.
Q: Who is responsible for showing that a restriction is enforceable?
A: When a conflict arises about whether a restriction is valid, the local
government, community association, property owner, or management entity that
is trying to enforce the restriction has the burden of proving that the
restriction is valid. This means that no matter who questions the validity of
the restriction, the burden will always be on the entity seeking to enforce
the restriction to prove that the restriction is permitted under the rule or
that it qualifies for a waiver.
Q: Can I be fined and required to remove my antenna immediately if the
Commission determines that a restriction is valid ?
A: If the Commission determines that the restriction is valid, you will
have a minimum of 21 days to comply with this ruling. If you remove your
antenna during this period, in most cases you cannot be fined. However, this
21-day grace period does not apply if the FCC rule does not apply to your
installation (for example, if the antenna is installed on a condominium
general common element or hanging outside beyond an apartment balcony. If the
FCC rule does not apply at all in your case, the 21-day grace period does not
apply.
Q: Who do I call if my town, community association or landlord is enforcing
an invalid restriction?
A: Call the Federal Communications Commission at (888) CALLFCC
(888-225-5322), which is a toll-free number, or 202-418-7096, which is not
toll-free. Some assistance may also be available from the direct broadcast
satellite company, multichannel multipoint distribution service, television
broadcast station, or fixed wireless company whose service is desired.
Links to Relevant Orders and the Rule
- (First) Report and Order, FCC 96-328, released August 6, 1996: [
Text
Version |
WordPerfect Version ]
- Declaratory Ruling, Star Lambert, DA 97-1554, released July 27, 1997: [
Text
]
- Declaratory Ruling, Jay Lubliner, DA 97-2188, released October 14, 1997:
[
Text
]
- Declaratory Ruling, Michael MacDonald, DA 97-2189, released October 14,
1997: [
Text
]
- Declaratory Ruling, Omnivision, DA 97-2187, released October 14, 1997: [
Text
]
- Declaratory Ruling, Wireless Broadcasting Systems (WBSS), DA 97-2506,
released November 28, 1997: [
WordPerfect |
Text
]
- Declaratory Ruling, Victor Frankfurt, DA 97-2305, released December 31,
1997: [
Text
]
- Declaratory Ruling, Jason Peterson, DA 98-0188, released February 4,
1998: [
Text
]
- Declaratory Ruling, Jordan Lourie, DA 98-1170, released June 17, 1998: [
WordPerfect |
Text
]
- Declaratory Ruling, James Sadler, DA 98-1284, released July 1, 1998: [
WordPerfect |
Text
]
- Memorandum Opinion and Order, Denial of Application of Review of
Declaratory Ruling for Jay Lubliner (above), FCC 98-201, released August 21,
1998: [
WordPerfect |
Text
]
- Order on Reconsideration, FCC 98-214, released September 25, 1998: [
WordPerfect |
Text
]
- Second Report and Order, FCC 98-273, released November 20, 1998: [
Text
|
WordPerfect |
Acrobat
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News Release and Statements ]
- Declaratory Ruling, Stanley and Vera Holliday, DA 99-2132, released
October 8, 1999: [
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- Second Order on Reconsideration, FCC 99-360, released November 24, 1999:
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- Declaratory Ruling, Bell Atlantic Video, DA 00-927, released April 26,
2000: [
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- Competitive Networks Report and Order, FCC 00-366, released October 25,
2000: [
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News Release and Statements ]
- Declaratory Ruling, Victor Frankfurt, DA 01-0153, released February 7,
2001: [
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- Declaratory Ruling, Corey Roberts, DA 01-1276, released May 24, 2001: [
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- OTARD Rule, 47 C.F.R. Section 1.4000: [
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GUIDANCE ON FILING A PETITION
Q: What are the procedural requirements for filing a Petition for
Declaratory Ruling or Waiver with the Commission?
A: There is no special form for a petition. You may simply describe the
facts, including the specific restriction(s) that you wish to challenge. If
possible, attach a copy of the restriction(s) and any relevant correspondence.
If this is not possible, be sure to include the exact language of the
restriction in question with the petition. General or hypothetical questions
about the application or interpretation of the rule cannot be accepted as
petitions.
Petitions for declaratory rulings and waivers must be served on all
interested parties. An entity seeking to impose or maintain a restriction must
include with its petition a proof of service that it has served the affected
residents. Similarly, an antenna user seeking to challenge the permissibility
of a restriction must include with the petition a proof of service that the
antenna user has served the restricting entity with a copy of the Petition.
If you are an antenna user, you must serve a copy of the Petition on the
entity seeking to enforce the restriction ( i.e., the local government,
community association or landlord). If you are a local government, community
association or landlord, you must serve a copy of the Petition on the
residents in the community who currently have or wish to install antennas that
will be affected by the restriction your Petition seeks to maintain. For
example, if a homeowners' association files a petition seeking a declaratory
ruling that its restriction is not preempted and is seeking to enforce the
restriction against a specific resident, service must be made on that specific
resident. The homeowners' association will not be required to serve all other
members of the association, but must provide reasonable, constructive notice
of the proceeding to other residents whose interests may foreseeably be
affected. This may be accomplished, for example, by placing notices in
residents' mailboxes, by placing a notice on a community bulletin board, or by
placing the notice in an association newsletter. If a local government seeks a
declaratory ruling or a waiver from the Commission, the local government must
take steps to afford reasonable, constructive notice to residents in its
jurisdiction ( e.g., by placing a notice in a local newspaper of
general circulation). Proof of constructive notice must be provided with a
petition. In this regard, the petitioner should provide a copy of the notice
and an explanation of where the notice was placed and how many people the
notice might reasonably have reached.
Finally, if a person files a petition or lawsuit challenging a local
government's ordinance, an association's restriction, or a landlord's lease,
the person must serve the local government, association or landlord, as
appropriate. You must include a "proof of service" with your petition.
Generally, the "proof of service" is a statement indicating that on the same
day that your petition was sent to the Commission, you provided a copy of your
petition (and any attachments) to the person or entity that is seeking to
enforce the antenna restriction. The proof of service should give the name and
address of the parties served, the date served, and the method of service used
( e.g., regular mail, personal service, certified mail).
If you wish to file either a Petition for Declaratory Ruling or a Petition
for Waiver pursuant to the Commission's Over-the-Air Reception Devices Rule
(47 CFR Section 1.4000), you must file an original and two copies of your
Petition on the following address:
Office of the Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
Attn: Cable Services Bureau
Q: What are the substantive requirements for filing a petition for waiver
or declaratory ruling?
A: To file a Petition for Waiver, follow the requirements in Section
1.4000(c) of the rule. The local government, community association or landlord
requesting the waiver must demonstrate "local concerns of a highly specialized
or unusual nature." The petition must also specify the restriction for which
the waiver is sought, or the petition will not be considered.
To file a Petition for Declaratory Ruling, follow the requirements set
forth in Section 1.4000(d) of the rule. Set out the restriction in question so
that we can determine whether it is permissible or prohibited under the rule.
In a Petition for Declaratory Ruling, the burden of demonstrating that a
particular restriction complies with the rule is on the entity seeking to
impose the restriction (e.g. , the local government, community
association or landlord).
While a petition for declaratory ruling or waiver is pending with the
Commission or a court, the restriction in question may not be enforced unless
it is necessary for safety or historic preservation. No fines or penalties,
including attorneys fees, may be imposed by the restricting entity while a
petition is pending. If the restriction is found to be permissible, the
antenna users subject to the ruling will generally have at least 21 days in
which to comply before a fine or penalty is imposed.
- FCC -
