Awhile ago someone posted a link to some government ruling that basically said that Home Owners' Associations restrictions on rooftop antennas and satellite dishes were not valid. Could someone repost the link to this information? Thanks.
Rooftop antennas and HOA restrictions
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I found it. www.fcc.gov/cgb/satellite.htlm. Basically, a small dish (1 meter in diameter) can be placed on any property you own or control (rent).
Not trying to jump on someone else's thread, but thought I'd offer a bit more information.
You are not limited to a single 1m dish. You are free to put up as many as you like provided none exceed the 1m limit. (no size limit for are friends from Alaska)
You are also allowed to put up an OTA antenna. Again there is no language in the ruling to prevent multiple antennas should they be necessary, and there is no size restriction.
The only time an HOA can become involved in this issue is if your antenna/dish is not in an area to which you have "exclusive use", or in a case where ther may be a safety issue. (i.e. masts that extend more than 12' above roofline) Local zoning and permitting authorities may also have a say on the safety issue, but again their scope is limited.
For complete details take a read through the following:
FCC Fact Sheet - Over-the-Air Reception Devices Rule
Preemption of Restrictions on Placement of Direct Broadcast Satellite, Multichannel Multipoint Distribution Service, and Television Broadcast Antennas
You are not limited to a single 1m dish. You are free to put up as many as you like provided none exceed the 1m limit. (no size limit for are friends from Alaska)
You are also allowed to put up an OTA antenna. Again there is no language in the ruling to prevent multiple antennas should they be necessary, and there is no size restriction.
The only time an HOA can become involved in this issue is if your antenna/dish is not in an area to which you have "exclusive use", or in a case where ther may be a safety issue. (i.e. masts that extend more than 12' above roofline) Local zoning and permitting authorities may also have a say on the safety issue, but again their scope is limited.
For complete details take a read through the following:
FCC Fact Sheet - Over-the-Air Reception Devices Rule
Preemption of Restrictions on Placement of Direct Broadcast Satellite, Multichannel Multipoint Distribution Service, and Television Broadcast Antennas
And expect something of a fight. Most HOAs seem totally unaware that some of the aesthetc restrictions they're trying to impose are unenforcable. They seem to think that whatever they put in writing and vote to approve, they can enforce.
The best analogy is the HOA restriction that allow Causasion-only owners. Many HOA CC&R's still have those those clauses. Of course, the 1964 federal Civil Rights Act made them null and void. Similarly, the 1996 Telcommunications Act makes most prohibitions on antennas null and void as well.
The best analogy is the HOA restriction that allow Causasion-only owners. Many HOA CC&R's still have those those clauses. Of course, the 1964 federal Civil Rights Act made them null and void. Similarly, the 1996 Telcommunications Act makes most prohibitions on antennas null and void as well.
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Chip's post hit the nail right on the head.
Just look in my sig for what I have on my roof and I'm about to add an old Channel Master 3610 (147" long) VHF antenna just above the rotor.
Just look in my sig for what I have on my roof and I'm about to add an old Channel Master 3610 (147" long) VHF antenna just above the rotor.
Quote:
Nightowl,
Best of luck to you in your signal quest. But keep in mind that the FCC regs, which have broad protections for the TV consumer, do have some loopholes that could be used against you (if you are in an HOA situation). One of those loopholes is that "distant signal" reception is NOT protected. So if you are asked the purpose for your embassy-style
antenna farm, the correct answer is, of course, for "local reception".
Gerald C
| Originally posted by NightowlKY Just look in my sig for what I have on my roof and I'm about to add an old Channel Master 3610 (147" long) VHF antenna just above the rotor. |
Best of luck to you in your signal quest. But keep in mind that the FCC regs, which have broad protections for the TV consumer, do have some loopholes that could be used against you (if you are in an HOA situation). One of those loopholes is that "distant signal" reception is NOT protected. So if you are asked the purpose for your embassy-style
antenna farm, the correct answer is, of course, for "local reception".Gerald C
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Here's the complete text of the FCC ruling on Over The Air Reception Devices (OTARD) as originally worded.
Pete Putman
*********************************************
[Code of Federal Regulations]
[Title 47, Volume 1, Parts 0 to 19]
[Revised as of October 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR1.4000]
[Page 351-353]
TITLE 47--TELECOMMUNICATION
CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION
PART 1--PRACTICE AND PROCEDURE--Table of Contents
Subpart S--Preemption of Restrictions That ``Impair'' a Viewer's Ability
To Receive Television Broadcast Signals, Direct Broadcast Satellite
Services or Multichannel Multipoint Distribution Services
Sec. 1.4000 Restrictions impairing reception of television broadcast signals,
direct broadcast satellite services or multichannel multipoint distribution
services.
Source: 61 FR 46562, Sept. 4, 1996, unless otherwise noted.
(a)(1) Any restriction, including but not limited to any state or
local law or regulation, including zoning, land-use, or building
regulations, or any private covenant, contract provision, lease
provision, homeowners' association rule or similar restriction, on
property within the exclusive use or control of the antenna user where
the user has a direct or indirect ownership or leasehold interest in the
property that impairs the installation, maintenance, or use of:
(i) An antenna that is designed to receive direct broadcast
satellite service, including direct-to-home satellite services, that is
one meter or less in diameter or is located in Alaska;
(ii) An antenna that is designed to receive video programming
services via multipoint distribution services, including multichannel
multipoint distribution services, instructional television fixed
services, and local multipoint distribution services, and that is one
meter or less in diameter or diagonal measurement;
(iii) An antenna that is designed to receive television broadcast
signals; or
(iv) A mast supporting an antenna described in paragraphs (a)(1)(i),
(a)(1)(ii) or (a)(1)(iii) of this section; is prohibited to the extent
it so impairs, subject to paragraph (b) of this section.
(2) For purposes of this section, a law, regulation or restriction
impairs installation, maintenance or use of an antenna if it:
(i) Unreasonably delays or prevents installation, maintenance or
use,
(ii) Unreasonably increases the cost of installation, maintenance or
use, or
(iii) Precludes reception of an acceptable quality signal.
[[Page 352]]
(3) Any fee or cost imposed on a viewer by a rule, law, regulation
or restriction must be reasonable in light of the cost of the equipment
or services and the rule, law, regulation or restriction's treatment of
comparable devices. No civil, criminal, administrative, or other legal
action of any kind shall be taken to enforce any restriction or
regulation prohibited by this section except pursuant to paragraph (c)
or (d) of this section. In addition, except with respect to restrictions
pertaining to safety and historic preservation as described in paragraph
(b) of this section, if a proceeding is initiated pursuant to paragraph
(c) or (d) of this section, the entity seeking to enforce the antenna
restrictions in question must suspend all enforcement efforts pending
completion of review. No attorney's fees shall be collected or assessed
and no fine or other penalties shall accrue against an antenna user
while a proceeding is pending to determine the validity of any
restriction. If a ruling is issued adverse to a viewer, the viewer shall
be granted at least a 21-day grace period in which to comply with the
adverse ruling; and neither a fine nor a penalty may be collected from
the viewer if the viewer complies with the adverse ruling during this
grace period, unless the proponent of the restriction demonstrates, in
the same proceeding which resulted in the adverse ruling, that the
viewer's claim in the proceeding was frivolous.
(b) Any restriction otherwise prohibited by paragraph (a) of this
section is permitted if:
(1) It is necessary to accomplish a clearly defined, legitimate
safety objective that is either stated in the text, preamble or
legislative history of the restriction or described as applying to that
restriction in a document that is readily available to antenna users,
and would be applied to the extent practicable in a non-discriminatory
manner to other appurtenances, devices, or fixtures that are comparable
in size and weight and pose a similar or greater safety risk as these
antennas and to which local regulation would normally apply; or
(2) It is necessary to preserve a prehistoric or historic district,
site, building, structure or object included in, or eligible for
inclusion on, the National Register of Historic Places, as set forth in
the National Historic Preservation Act of 1966, as amended, 16 U.S.C.
470, and imposes no greater restrictions on antennas covered by this
rule than are imposed on the installation, maintenance or use of other
modern appurtenances, devices or fixtures that are comparable in size,
weight, and appearance to these antennas; and
(3) It is no more burdensome to affected antenna users than is
necessary to achieve the objectives described in paragraph (b)(1) or (b)
(2) of this section.
(c) Local governments or associations may apply to the Commission
for a waiver of this section under Sec. 1.3. Waiver requests must comply
with the procedures in paragraphs (e) and (g) of this section and will
be put on public notice. The Commission may grant a waiver upon a
showing by the applicant of local concerns of a highly specialized or
unusual nature. No petition for waiver shall be considered unless it
specifies the restriction at issue. Waivers granted in accordance with
this section shall not apply to restrictions amended or enacted after
the waiver is granted. Any responsive pleadings must be served on all
parties and filed within 30 days after release of a public notice that
such petition has been filed. Any replies must be filed within 15 days
thereafter.
(d) Parties may petition the Commission for a declaratory ruling
under Sec. 1.2, or a court of competent jurisdiction, to determine
whether a particular restriction is permissible or prohibited under this
section. Petitions to the Commission must comply with the procedures in
paragraphs (e) and (g) of this section and will be put on public notice.
Any responsive pleadings in a Commission proceeding must be served on
all parties and filed within 30 days after release of a public notice
that such petition has been filed. Any replies in a Commission
proceeding must be served on all parties and filed within 15 days
thereafter.
(e) Copies of petitions for declaratory rulings and waivers must be
served on interested parties, including parties against whom the
petitioner seeks to enforce the restriction or parties whose
[[Page 353]]
restrictions the petitioner seeks to prohibit. A certificate of service
stating on whom the petition was served must be filed with the petition.
In addition, in a Commission proceeding brought by an association or a
local government, constructive notice of the proceeding must be given to
members of the association or to the citizens under the local
government's jurisdiction. In a court proceeding brought by an
association, an association must give constructive notice of the
proceeding to its members. Where constructive notice is required, the
petitioner or plaintiff must file with the Commission or the court
overseeing the proceeding a copy of the constructive notice with a
statement explaining where the notice was placed and why such placement
was reasonable.
(f) In any proceeding regarding the scope or interpretation of any
provision of this section, the burden of demonstrating that a particular
governmental or nongovernmental restriction complies with this section
and does not impair the installation, maintenance or use of devices
designed for over-the-air reception of video programming services shall
be on the party that seeks to impose or maintain the restriction.
(g) All allegations of fact contained in petitions and related
pleadings before the Commission must be supported by affidavit of a
person or persons with actual knowledge thereof. An original and two
copies of all petitions and pleadings should be addressed to the
Secretary, Federal Communications Commission, 445 12th St. S.W.,
Washington, D.C. 20554, Attention: Cable Services Bureau. Copies of the
petitions and related pleadings will be available for public inspection
in the Cable Reference Room in Washington, D.C. Copies will be available
for purchase from the Commission's contract copy center, and Commission
decisions will be available on the Internet.
[63 FR 71036, Dec. 23, 1998]
Pete Putman
*********************************************
[Code of Federal Regulations]
[Title 47, Volume 1, Parts 0 to 19]
[Revised as of October 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR1.4000]
[Page 351-353]
TITLE 47--TELECOMMUNICATION
CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION
PART 1--PRACTICE AND PROCEDURE--Table of Contents
Subpart S--Preemption of Restrictions That ``Impair'' a Viewer's Ability
To Receive Television Broadcast Signals, Direct Broadcast Satellite
Services or Multichannel Multipoint Distribution Services
Sec. 1.4000 Restrictions impairing reception of television broadcast signals,
direct broadcast satellite services or multichannel multipoint distribution
services.
Source: 61 FR 46562, Sept. 4, 1996, unless otherwise noted.
(a)(1) Any restriction, including but not limited to any state or
local law or regulation, including zoning, land-use, or building
regulations, or any private covenant, contract provision, lease
provision, homeowners' association rule or similar restriction, on
property within the exclusive use or control of the antenna user where
the user has a direct or indirect ownership or leasehold interest in the
property that impairs the installation, maintenance, or use of:
(i) An antenna that is designed to receive direct broadcast
satellite service, including direct-to-home satellite services, that is
one meter or less in diameter or is located in Alaska;
(ii) An antenna that is designed to receive video programming
services via multipoint distribution services, including multichannel
multipoint distribution services, instructional television fixed
services, and local multipoint distribution services, and that is one
meter or less in diameter or diagonal measurement;
(iii) An antenna that is designed to receive television broadcast
signals; or
(iv) A mast supporting an antenna described in paragraphs (a)(1)(i),
(a)(1)(ii) or (a)(1)(iii) of this section; is prohibited to the extent
it so impairs, subject to paragraph (b) of this section.
(2) For purposes of this section, a law, regulation or restriction
impairs installation, maintenance or use of an antenna if it:
(i) Unreasonably delays or prevents installation, maintenance or
use,
(ii) Unreasonably increases the cost of installation, maintenance or
use, or
(iii) Precludes reception of an acceptable quality signal.
[[Page 352]]
(3) Any fee or cost imposed on a viewer by a rule, law, regulation
or restriction must be reasonable in light of the cost of the equipment
or services and the rule, law, regulation or restriction's treatment of
comparable devices. No civil, criminal, administrative, or other legal
action of any kind shall be taken to enforce any restriction or
regulation prohibited by this section except pursuant to paragraph (c)
or (d) of this section. In addition, except with respect to restrictions
pertaining to safety and historic preservation as described in paragraph
(b) of this section, if a proceeding is initiated pursuant to paragraph
(c) or (d) of this section, the entity seeking to enforce the antenna
restrictions in question must suspend all enforcement efforts pending
completion of review. No attorney's fees shall be collected or assessed
and no fine or other penalties shall accrue against an antenna user
while a proceeding is pending to determine the validity of any
restriction. If a ruling is issued adverse to a viewer, the viewer shall
be granted at least a 21-day grace period in which to comply with the
adverse ruling; and neither a fine nor a penalty may be collected from
the viewer if the viewer complies with the adverse ruling during this
grace period, unless the proponent of the restriction demonstrates, in
the same proceeding which resulted in the adverse ruling, that the
viewer's claim in the proceeding was frivolous.
(b) Any restriction otherwise prohibited by paragraph (a) of this
section is permitted if:
(1) It is necessary to accomplish a clearly defined, legitimate
safety objective that is either stated in the text, preamble or
legislative history of the restriction or described as applying to that
restriction in a document that is readily available to antenna users,
and would be applied to the extent practicable in a non-discriminatory
manner to other appurtenances, devices, or fixtures that are comparable
in size and weight and pose a similar or greater safety risk as these
antennas and to which local regulation would normally apply; or
(2) It is necessary to preserve a prehistoric or historic district,
site, building, structure or object included in, or eligible for
inclusion on, the National Register of Historic Places, as set forth in
the National Historic Preservation Act of 1966, as amended, 16 U.S.C.
470, and imposes no greater restrictions on antennas covered by this
rule than are imposed on the installation, maintenance or use of other
modern appurtenances, devices or fixtures that are comparable in size,
weight, and appearance to these antennas; and
(3) It is no more burdensome to affected antenna users than is
necessary to achieve the objectives described in paragraph (b)(1) or (b)
(2) of this section.
(c) Local governments or associations may apply to the Commission
for a waiver of this section under Sec. 1.3. Waiver requests must comply
with the procedures in paragraphs (e) and (g) of this section and will
be put on public notice. The Commission may grant a waiver upon a
showing by the applicant of local concerns of a highly specialized or
unusual nature. No petition for waiver shall be considered unless it
specifies the restriction at issue. Waivers granted in accordance with
this section shall not apply to restrictions amended or enacted after
the waiver is granted. Any responsive pleadings must be served on all
parties and filed within 30 days after release of a public notice that
such petition has been filed. Any replies must be filed within 15 days
thereafter.
(d) Parties may petition the Commission for a declaratory ruling
under Sec. 1.2, or a court of competent jurisdiction, to determine
whether a particular restriction is permissible or prohibited under this
section. Petitions to the Commission must comply with the procedures in
paragraphs (e) and (g) of this section and will be put on public notice.
Any responsive pleadings in a Commission proceeding must be served on
all parties and filed within 30 days after release of a public notice
that such petition has been filed. Any replies in a Commission
proceeding must be served on all parties and filed within 15 days
thereafter.
(e) Copies of petitions for declaratory rulings and waivers must be
served on interested parties, including parties against whom the
petitioner seeks to enforce the restriction or parties whose
[[Page 353]]
restrictions the petitioner seeks to prohibit. A certificate of service
stating on whom the petition was served must be filed with the petition.
In addition, in a Commission proceeding brought by an association or a
local government, constructive notice of the proceeding must be given to
members of the association or to the citizens under the local
government's jurisdiction. In a court proceeding brought by an
association, an association must give constructive notice of the
proceeding to its members. Where constructive notice is required, the
petitioner or plaintiff must file with the Commission or the court
overseeing the proceeding a copy of the constructive notice with a
statement explaining where the notice was placed and why such placement
was reasonable.
(f) In any proceeding regarding the scope or interpretation of any
provision of this section, the burden of demonstrating that a particular
governmental or nongovernmental restriction complies with this section
and does not impair the installation, maintenance or use of devices
designed for over-the-air reception of video programming services shall
be on the party that seeks to impose or maintain the restriction.
(g) All allegations of fact contained in petitions and related
pleadings before the Commission must be supported by affidavit of a
person or persons with actual knowledge thereof. An original and two
copies of all petitions and pleadings should be addressed to the
Secretary, Federal Communications Commission, 445 12th St. S.W.,
Washington, D.C. 20554, Attention: Cable Services Bureau. Copies of the
petitions and related pleadings will be available for public inspection
in the Cable Reference Room in Washington, D.C. Copies will be available
for purchase from the Commission's contract copy center, and Commission
decisions will be available on the Internet.
[63 FR 71036, Dec. 23, 1998]
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737 Posts
Oh well, yeah...sure...of course!
Actually, my WB is over 40 miles away and the PAX is relatively low power and the CBS station suffers from horrible ghosting (multi-path) unless I'm pointed pretty much right at it...even with this setup!
Oh, and I'm not technically in an HOA but there are deed restrictions that are much the same.
Oops...just checked...my WB is 52 miles away...that's getting a bit out and thereby necessitates my need for the setup. My daughters just HAVE to watch 7th Heaven and Gilmore Girls!
Actually, my WB is over 40 miles away and the PAX is relatively low power and the CBS station suffers from horrible ghosting (multi-path) unless I'm pointed pretty much right at it...even with this setup!
Oh, and I'm not technically in an HOA but there are deed restrictions that are much the same.
Oops...just checked...my WB is 52 miles away...that's getting a bit out and thereby necessitates my need for the setup. My daughters just HAVE to watch 7th Heaven and Gilmore Girls!
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