Q: What types of
restrictions are prohibited?
A: The rule prohibits
restrictions that impair a viewer's ability
to receive signals from a provider of DBS,
MMDS or TVBS. The rule applies to state or
local laws or regulations, including zoning,
land-use or building regulations, private
covenants, homeowners' association rules or
similar restrictions on property within the
exclusive use or control of the antenna user
where the user has a direct or indirect
ownership 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
subscriber from receiving an acceptable
quality signal from, one of these antennas.
The rule does not prohibit safety
restrictions or restrictions designed to
preserve historic districts.
Q: What types of
restrictions unreasonably delay or prevent
subscribers from receiving a signal?
A: A local restriction
that prohibits all antennas would prevent
subscribers from receiving signals, and is
prohibited by the Commission's rule.
Procedural requirements can also impair the
ability to receive service. Thus, local
regulations that require a person to obtain
a permit or approval prior to receiving
service will delay reception; this is
generally allowed only if it is necessary to
serve a safety or historic preservation
purpose.
Q: What is an
unreasonable additional cost to install,
maintain or use an antenna?
A: Any requirement to pay
a fee to the local authority in order to be
allowed to install an antenna would be
unreasonable, unless it is a permit fee that
is needed to serve safety or historic
preservation or a permit is required in the
case of installation on a mast greater than
12 feet. Things to consider in determining
the reasonableness of any costs imposed
include: the cost of the equipment and
services, whether there are similar
requirements for other similar installations
like air conditioning units or trash
receptacles, and what visual impact the
antenna has on the surroundings.
Restrictions cannot require that relatively
unobtrusive DBS antennas be screened by
expensive landscaping. A requirement to
paint an antenna in a fashion that will not
interfere with reception so that it blends
into the background against which it is
mounted would likely be acceptable. In
general, the costs imposed by local
regulations cannot be unreasonable in light
of the cost of the equipment or services and
the visual impact of the antenna.
Q: What restrictions
prevent a subscriber from receiving an
acceptable quality signal?
A: A requirement that an
antenna be placed in a position where
reception would be impossible or would be
substantially degraded would conflict with
the rule. However, a regulation requiring
that antennas be placed to the extent
feasible in locations that are not visible
from the street would be permitted, if this
placement would still permit reception of an
acceptable quality signal.
Q: Are all restrictions
prohibited?
A: No, many restrictions
are still valid. Safety restrictions are
permitted even if they impair reception,
because local governments bear primary
responsibility for protecting public 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, electrical code
requirements to properly ground the antenna,
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. The
restriction cannot impose a more burdensome
requirement than is needed to ensure safety.
Restrictions in historic
areas may also be valid. Because certain
areas are considered uniquely historical and
strive to maintain the historical nature of
their community, these areas are excepted
from the rule. To qualify as an exempt area
the area must be listed or eligible for
listing in the National Register of Historic
Places. In addition, the area cannot
restrict antennas if such a restriction
would not be applied to the extent
practicable in a non-discriminatory manner
to other other modern structures that are
comparable in size, weight and appearance
and to which local regulation would normally
apply. Valid historical areas cannot impose
a more burdensome requirement than is needed
to ensure the historic preservation goal.
Q: Whose restrictions
are prohibited?
A: Restrictions are
prohibited in state or local laws or
regulations, including zoning, land-use or
building regulations, private covenants,
homeowners' association rules or similar
restrictions relating to what people can do
on land within their exclusive use or
control where they have a direct or indirect
ownership interest in the property.
Q: If I live in a
condominium where the land and the roof are
commonly owned, or in an apartment building
where the landlord owns the land and the
roof, does this rule apply to me?
A: A Further Notice of
Proposed Rulemaking has been adopted by
the Commission, to obtain comments from
interested persons about whether rules
should apply in these situations. The
Commission will use those comments to reach
a decision on this question.
Q: What types of antennas
are covered?
- A "dishA" antenna
that is one meter (39") or less in
diameter or is located in Alaska and is
designed to receive direct broadcast
satellite service, including
direct-to-home satellite service.
- 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). Such antennas may
be mounted on "masts" to reach the
height needed to establish line-of-sight
contact with the transmitter. Masts
higher than 12 feet may be subject to
local permitting requirements.
- An antenna that is
designed to receive television broadcast
signals. Masts higher than 12 feet may
be subject to local permitting
requirements.
Q: What can a local
government, association, or consumer do if
there is a dispute over whether a particular
restriction is valid?
A: If the local authority
defines the restriction as safety-related it
is valid, unless a court or the Commission
determines that it is not safety-related or
is not the least burdensome way to ensure
the safety goal. If a local government or
association has "highly specialized or
unusual" concerns about antenna
installation, maintenance or use, it may
apply to the Commission for a waiver of the
rule, to have its restriction declared
valid. Interested parties may petition the
Commission or a court of competent
jurisdiction for a ruling to determine
whether a particular restriction is
permitted or prohibited under this rule.
Q: Who is responsible
for showing that a restriction is
enforceable?
A: When a conflict arises
about whether a restriction is valid, the
government or association trying to enforce
the restriction will be responsible for
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 local government or
association to prove that the restriction is
permitted under the rule or that it
qualifies for a waiver.
Q: Who do I call if my
town or neighborhood association is
enforcing an invalid restriction?
A: Call the Federal
Communications Commission at (202) 418-0163.
Some assistance may also be available from
the direct broadcast satellite company,
multichannel multipoint distribution service
or television broadcast station whose
service is desired.
- FCC -
