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Over-the-Air Reception
Devices Rule
Preemption
of Restrictions on Placement of Direct Broadcast Satellite,
Broadband
Radio Service, and Television Broadcast Antennas
As directed by Congress in Section
207 of the Telecommunications Act of 1996, the Federal Communications
Commission adopted the Over-the-Air Reception Devices (“OTARD”)
rule concerning governmental and nongovernmental restrictions
on viewers' ability to receive video programming signals from
direct broadcast satellites ("DBS"), broadband radio service
providers (formerly multichannel multipoint distribution service
or MMDS), and television broadcast stations ("TVBS").
The rule (47 C.F.R.
Section 1.4000) has been in effect since October 1996, and
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 individuals 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.
Under some circumstances where a central or common antenna
is available, a community association or landlord may restrict
the installation of individual antennas. The rule does not
apply to common areas that are owned by a landlord, a community
association, or jointly by condominium or cooperative owners
where the antenna user does not have an exclusive use area.
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.
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