www.fcc.gov/mb/facts/otard.html
Where to Call for More Informatio n As directed by Congress in Section 207 of the Telecommunications Act of 1 996, the Federal Communications Commission adopted the Over-the-Air Rece ption Devices (OTARD) rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals f rom direct broadcast satellites ("DBS"), broadband radio service provide rs (formerly multichannel multipoint distribution service or MMDS), and television broadcast stations ("TVBS"). The rule (47 CFR Section 14000) has been in effect since October 1996 , and it prohibits restrictions that impair the installation, maintenanc e or use of antennas used to receive video programming. The rule prohibits most restriction s that: unreasonably delay or prevent installation, maintenance or u se; unreasonably increase the cost of installation, maintenance or u se; Effective January 22, 1999, the Commission amended the rule so that it al so 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 a pplies to customer-end antennas that receive and transmit fixed wireless signals. The rule applies to individuals who place antennas that meet size limitat ions on property that they own or rent and that is within their exclusiv e use or control, including condominium owners and cooperative owners, a nd tenants who have an area where they have exclusive use, such as a bal cony or patio, in which to install the antenna. The rule applies to town homes and manufactured homes, as well as to single family homes. The rule allows local governments, community associations and landlords t o 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 wh ere a central or common antenna is available, a community association o r landlord may restrict the installation of individual antennas. The ru le does not apply to common areas that are owned by a landlord, a commun ity association, or jointly by condominium or cooperative owners where t he antenna user does not have an exclusive use area. Such common areas m ay include the roof or exterior wall of a multiple dwelling unit. Theref ore, restrictions on antennas installed in or on such common areas are e nforceable. This Information Sheet provides general answers to questions concerning i mplementation of the rule, but is not a substitute for the actual rule. For further information or a copy of the rule, contact the Federal Commu nications Commission at 888-CALLFCC (toll free) or (202) 418-7096.
An antenna that is one meter or less in diameter or diagonal measurem ent and is designed to receive video programming services via broadband radio service (wireless cable) or to receive or transmit fixed wireless signals other than via satellite. An antenna that is designed to receive local television broadcast sig nals. Masts higher than 12 feet above the roofline may be subject to loc al permitting requirements. In addition, antennas covered by the rule may be mounted on "masts" to re ach the height needed to receive or transmit an acceptable quality signa l (eg 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 tha t extend beyond an exclusive use area may not be covered by this rule. A: "Fixed wireless signals" are any commercial non-broadcast communicatio ns signals transmitted via wireless technology to and/or from a fixed cu stomer location. Examples include wireless signals used to provide telep hone service or high-speed Internet access to a fixed location. A: The rule applies to "customer-end antennas" which are antennas placed at a customer location for the purpose of providing service to customers at that location. The rule does not cover antennas used to transmit sig nals to and/or receive signals from multiple customer locations. A: The rule prohibits restrictions that impair a person's ability to inst all, maintain, or use an antenna covered by the rule. The rule applies t o state or local laws or regulations, including zoning, land-use or buil ding regulations, private covenants, homeowners' association rules, cond ominium 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 i n the property. A restriction impairs if it: unreasonably delays or prevents use of; or preclude s a person from receiving or transmitting an acceptable quality signal f rom an antenna covered under the rule. The rule does not prohibit legiti mate safety restrictions or restrictions designed to preserve designated or eligible historic or prehistoric properties, provided the restrictio n is no more burdensome than necessary to accomplish the safety or prese rvation purpose. Q: What types of restrictions unreasonably delay or prevent viewers from using an antenna? Can an antenna user be required to obtain prior ap proval before installing his antenna? A: A local restriction that prohibits all antennas would prevent viewers from receiving signals, and is prohibited by the Commission's rule. Proc edural requirements can also unreasonably delay installation, maintenanc e or use of an antenna covered by this rule. For example, local regulati ons that require a person to obtain a permit or approval prior to instal lation create unreasonable delay and are generally prohibited. Permits o r prior approval necessary to serve a legitimate safety or historic pres ervation purpose may be permissible. Although a simple notification pro cess might be permissible, such a process cannot be used as a prior appr oval requirement and may not delay or increase the cost of installation. The burden is on the association to show that a notification process d oes not violate our rule. 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 permit s are generally prohibited. It may also be unreasonable for a local gove rnment, community association or landlord to require a viewer to incur a dditional costs associated with installation. Things to consider in dete rmining the reasonableness of any costs imposed include: the cost of the equipment and services, and whether there are similar requireme nts for comparable objects, such as air conditioning units or trash rece ptacles. For example, restrictions cannot require that expensive landsca ping screen relatively unobtrusive DBS antennas. A requirement to paint an antenna so that it blends into the background against which it is mou nted would likely be acceptable, provided it will not interfere with rec eption or impose unreasonable costs. Q: What restrictions prevent a viewer from receiving an acceptable qualit y signal? Can a homeowners association or other restricting entity esta blish enforceable preferences for antenna locations? A: For antennas designed to receive analog signals, such as TVBS, a requi rement 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 s treet 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 si gnificantly 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 r eception of an acceptable quality signal, then the restriction is permis sible and the viewer must comply. The acceptable quality signal standard is different for devices designed to receive digital ...
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