FCC Preemption of Restrictions on Antennas

[SpaceCadet]

Preemption of Restrictions on Placement of Direct Broadcast Satellite, Broadband Radio Service, and Television Broadcast Antennas (http://www.fcc.gov/mb/facts/otard.html) has been around since 1996, but I wasn't aware of it. I also didn't know that "antennas" is the correct plural for man-made antennas; "antennae" is for biological antennae.

[Creech]

I knew about the law, but had never read this particular document.

[SpaceCadet]

What I like about it is that it tells you how to sic the government on people who try to restrict your rights. Of course, it doesn't tell you how many years you have to wait to obtain a result....

[R8ders2K]

I'm not sure if it's a matter of sic'ing the government on your HOA/landlord, but I think it comes into play if they try to enforcement the CC&R. Ultimately, the restriction would lose in civil court because of the federal rule.

When I moved in to my development, I never asked for permission to put up my satellite dish (D* 3-LNB dish when most everyone else had a single LNB dish, now I have the larger AT9 5-LNB dish and a CM4228 antenna for OTA HD). I just did it. And when the subject came up, I reminded them of the federal rule.

[BradMajors]

My landlord told me all satellite dishes are prohibited and that if I installed a satellite dish without their permission I would be evicted. I was unable to get any government agency or my satellite service provider to help me.

[gweempose]

BradMajors,

Wow! You've been a member of this forum for more than three and a half years and we finally found a subject that interested you enough to post a reply. ;)

[Snarler]

My landlord told me all satellite dishes are prohibited and that if I installed a satellite dish without their permission I would be evicted. I was unable to get any government agency or my satellite service provider to help me.

I'll bite. Given the information in the OP's linked document, what did you do that didn't work but should have?

[bearxor]

My landlord told me all satellite dishes are prohibited and that if I installed a satellite dish without their permission I would be evicted. I was unable to get any government agency or my satellite service provider to help me.
As long as it's not permanently installed and not in a publicly accessible area then there's absolutely nothing they can do. They have to go to court to get you evicted, show up at the court date with a copy of the Telecommunications Act of 1996 (with the FAQ) and watch it get thrown out of court.

[unclebubby]

My landlord told me all satellite dishes are prohibited and that if I installed a satellite dish without their permission I would be evicted. I was unable to get any government agency or my satellite service provider to help me.

I didn't read the information that was linked in the original post but generally, landlords get you on the installation, not your right to use the service. If you're going to put screws into their building and drill holes into it to pass the cable through, they may be in their rights to restrict that.

[cmunroe]

The one time I lived at a rental, I placed the dish on a pole,
used flat cable to connect to the dish through a window and
connected the coax to the existing cables in the house for
cable TV distribution.

[SpaceCadet]

I didn't read the information that was linked in the original post but generally, landlords get you on the installation, not your right to use the service. If you're going to put screws into their building and drill holes into it to pass the cable through, they may be in their rights to restrict that.That's right, you didn't read the document. In general, such restrictions are illegal. Only safety and historic-site restrictions may be permissible, and the law limits what can be claimed as a safety restriction. There are limits on "unsightly" antenna restrictions. Note that the linked document is a plain-english description of what the law covers; it contains links to the actual federal rules if you want to read those.

In general, laws don't stop people from screwing you. If you rent, your landlord can simply deposit your checks late and then claim that you didn't pay on time when they evict you. A boss can fire a woman for being pregnant and then claim that he fired her because she wasn't doing her job. If you blow the whistle on a major corporation or the government, you will lose your job, you'll never work in your chosen profession again, and you'll never work for the government. Protecting your rights is a question of how much you're willing to invest in documentation, legal fees, and court time.

[rf75]

If you *don't* defend your rights, you lose them.

[zzzzdoc]

I installed my first DBS dish at midnight with a flashlight behind bushes so that no one would see it. No one knew it was there until I moved out.

I've since helped several friends with the FCC document shut down their community association's attempts at getting them to remove their dishes. My favorite was a friend who, when accosted by his community association, went one step further and installed a huge tower with an antenna 1 foot lower than the maximum height over the house. So his community complained about a little dish, and got a big tower thown in their faces as their reward.

[R8ders2K]

Now, that's funny... :D

[varioust]

Hi everyone,

This is my first post to the forum so I apologize if this is not the correct place to post. But I have enjoyed reading this thread and others on the site. So thank you for all of the useful knowledge and help thus far.

I have been having issues with my HOA who disparately desires me to relocate my antenna from the highest point on my roof (where I receive line-of-sight with transmitters) to a more suitable location (attic, or where it is not visible from the street). Obviously, I know that "technically" they can't tell me to do this because of the FCC ruling in 1996...however, they used what I call the "good neighbor" approach on me. Listed below is a portion of the e-mail from my HOA president (and it is long):

""
The Board of Directors is currently discussing the heart of the rule governing the prohibition of the placement of an antenna in or on a member's lot or dwelling; that being the true aesthetics involved in a member using this sort of equipment for their receptive needs. We are discussing and seeking consultation as to the Board's responsibility to oversee the requirements or restrictions of placement of such antennas to stay in keeping with the spirit of rule #18 in our covenants. But with all "restrictions" we must carefully weigh the individual member's rights to what is legally allowed against the other member's rights to a clear and unobstructed view. We will be discussing the manner in which a member would be conscientious of their neighbor's property as they would their own and ask each member that decides to follow this FCC ruling to place their antenna where it is not visibly seen by the surrounding homes or passersby. After saying this, in the spirit of neighborliness and citizenship, we are asking that you consider relocating your antenna. Several other members have installed similar antennas in their attic crawl spaces. If the reception there is unacceptable or your attic isn’t large enough to accommodate then we are asking you, for the time being; to relocate the antenna to the north side of your home’s ridgeline to at least reduce the amount of visibility. The reason we are requesting this from you is the very reason this was brought to the Board's attention. It is displeasing to your neighbors. Please consider this request until the Board can make a final decision as to how it will regulate the placement of the equipment that our covenants still conclude as being unsightly.
""

My only response is: WOW! Can anyone give me a good idea of how to respond to this. Or recommendations on what I should do. Should I cave in to them, or fight it?

Thanks,

Tyler

[adam1991]

Ignore it.

Or, draft your own response along the same lines, with the same passive-aggressive type of wording that spells out the law very explicitly. You'd love to help, but you think we can all agree that not to receive television signals would be a burden, so you're only taking advantage of what's available to you with respect to the physics of the situation. I mean, if only the TV towers were built differently, or your house were situated differently...alas, such is not the case, and the laws of physics simply cannot be turned around to satisfy one's desire that they be different.

Now, if the HOA were willing to pay your cable bill...

[RFontenot]

The reason we are requesting this from you is the very reason this was brought to the Board's attention. It is displeasing to your neighbors. Please consider this request until the Board can make a final decision as to how it will regulate the placement of the equipment that our covenants still conclude as being unsightly.

Your HOA cannot restrict your antenna placement because "it is displeasing to your neighbors". They can basically only restrict placement to accomplish a safety or preservation purpose.

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: (1) 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.


If you are using your antenna to receive analog signals only, your HOA might be able have you move your antenna to someplace where it's not visible. However, if you are using your antenna to receive digital signals, such as HDTV, the antenna must be installed where it has an unobstructed, direct view of the transmitter tower. If your roof is the only place where you can get an unobstructed, direct view of the transmitter tower, then your HOA can't restrict it's placement.


Q: What restrictions prevent a viewer from receiving an acceptable quality signal? Can a homeowners association or other restricting entity establish enforceable preferences for antenna locations?

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 broadband radio service 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.


If you can find another place on your property that gives you a direct view of the transmitter tower that is less obvious than your roof, then you may might want to move it there to be a "good neighbor". If your roof is the only place, then there is nothing that your neighbors or your HOA can do. If they want to go to court, then they, not you, will need to petition the FCC to get a waiver in order to enforce their restriction. In the meantime, you get to keep your antenna on your roof. The burden will be on them, not you, to prove to the FCC their restriction is valid.


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 needed for safety or historic preservation and are no more burdensome than necessary to accomplish 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 contacting 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.


If you can find someplace else that works just as well and makes your neighbors happy, then everybody wins, but your HOA is pretty much powerless to restrict your placment of an antenna to receive HDTV signals.


RF

[varioust]

Thank you! This is all very helpful to me. As it stands, I am not planning on moving my antenna unless they decide to pay for the expenses to move it. If my digital signal decreases, I will have them move it back. I also wouldn't be opposed to having them pay a cable subscription either (thanks for that one adam!).

[scochran666]

Just remember, there is no federal law that guarantees a "clear and unobstructed view". There is one that guarantees the right to place an antenna on your property. End of story.

[lsarver]

""
The Board of Directors is currently discussing the heart of the rule governing the prohibition of the placement of an antenna in or on a member's lot or dwelling; that being the true aesthetics involved in a member using this sort of equipment for their receptive needs. We are discussing and seeking consultation as to the Board's responsibility to oversee the requirements or restrictions of placement of such antennas to stay in keeping with the spirit of rule #18 in our covenants. But with all "restrictions" we must carefully weigh the individual member's rights to what is legally allowed against the other member's rights to a clear and unobstructed view. We will be discussing the manner in which a member would be conscientious of their neighbor's property as they would their own and ask each member that decides to follow this FCC ruling to place their antenna where it is not visibly seen by the surrounding homes or passersby. After saying this, in the spirit of neighborliness and citizenship, we are asking that you consider relocating your antenna. Several other members have installed similar antennas in their attic crawl spaces. If the reception there is unacceptable or your attic isn’t large enough to accommodate then we are asking you, for the time being; to relocate the antenna to the north side of your home’s ridgeline to at least reduce the amount of visibility. The reason we are requesting this from you is the very reason this was brought to the Board's attention. It is displeasing to your neighbors. Please consider this request until the Board can make a final decision as to how it will regulate the placement of the equipment that our covenants still conclude as being unsightly.
""

My only response is: WOW! Can anyone give me a good idea of how to respond to this. Or recommendations on what I should do. Should I cave in to them, or fight it?

Thanks,

Tyler
Feed that text to a grammar checker, the forward the result to the author. :)
Geez, anyone who writes so badly probably can't think either.

[PhilB]

My only response is: WOW! Can anyone give me a good idea of how to respond to this. Or recommendations on what I should do. Should I cave in to them, or fight it?

Thanks,

Tyler

Tyler,

I would suggest that this is a good opportunity not to create ill-will with your neighbors. Perhaps if you can give us an idea of how your house is located relative to your local broadcast antennas someone could provide some good technical advice.

My house is located 8 miles from the local antennas which are all located within a narrow compass range. I am able to achieve very good reception with a fixed antenna in my attic. This solution provides a visually acceptable answer (you wouldn't know I have an antenna from outside) which is easily accessible to me (no need to crawl on the roof to get to the antenna). Perhaps this is the case for you as well. If you could get the HOA to pay to have an installer move your antenna into the attic then everyone wins.

-phil

[RFontenot]

Just remember, there is no federal law that guarantees a "clear and unobstructed view". There is one that guarantees the right to place an antenna on your property. End of story.

Not quite. By regulation, you can put up a mast on your property that is as high as necessary to get a "clear and unobstructed view" on the broadcast towers. Local governments and HOAs can require a permit to insure the safe construction of such a mast if it extends more than 12' above your roofline, but they cannot deny the permit unless there are safety issues.

So if you really want to piss off the neighbors, replace that roof antenna with a 50' tower in your backyard.

Seriously, though, you would be better off trying to work with your HOA if they aren't a bunch of pricks about it. If they are, remind them they HAVE to cooporate, but you don't.

RF

[zimdba]

The local HDTV Reception (http://www.avsforum.com/avs-vb/forumdisplay.php?f=45) portion of this forum is a good resource for what's required for reception. In my case - the only way I was getting OTA reception is to mount a CM3023 (http://www.solidsignal.com/prod_display.asp?PROD=ANC3023) to my roof.

Now none of my neighbors has complained thus far, but if they do, I need to consider:
1) How much of my time & effort do I want to spend fighting them?
2) If I do take the "GFY" route, what else will they find wrong? Will they find that my deck is 2" too big and make me take it down? Will they find out that my pond doesn't match what I originally submitted to the design committee? In effect, do I really want the extra scrutiny?

But when it gets right down to it ( and maybe I shouldn't post after happy hour )
1) If it's my neighbor to the north, I'll install one antenna for each OTA channel! Or install 3 dummy ones and point them directly at his house.
2) I had to pay $100 to have it installed. If someone wants to pay to have it relocated and repair (properly) the holes in my roof, then I'll consider it.

It's your fight, but at least you have the Federal government on your side.