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Background
In 1996, the Federal Communications
Commission (FCC) adopted rules for Over-the-Air-Reception
Devices (“OTARD” rules). The OTARD rules prohibit restrictions
on a property owner or tenant’s right to install, maintain, or
use an antenna to receive video programming from direct
broadcast satellites (DBS), broadband radio services (formerly
referred to as multichannel multipoint distribution services or
MMDS), and television broadcast stations (TVBS). However, there
are exceptions to the OTARD rules, including provisions for
safety and preservation of historic areas.
The FCC later amended the OTARD rules to
include exclusive use areas by renters and customer-end antennas
that receive and transmit fixed wireless signals.
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What Types of Antennas Are Covered Under the OTARD Rules?
The following antennas or dishes are
covered by these rules:
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A "dish" antenna one meter (39.37
inches) or less in diameter (or any size dish if located
in Alaska), designed to receive direct broadcast
satellite service, including direct-to-home satellite
service, or to receive or transmit fixed wireless
signals via satellite.
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An antenna that is one meter or
less in diameter 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.
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An antenna that is designed to
receive local television broadcast signals.
Antennas used for AM/FM radio,
amateur (“ham”) radio, CB radio, Digital Audio Radio
Services (“DARS”), or antennas used as part of a hub to
relay signals among multiple locations are not
covered by these rules.
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What Types of Properties Are Covered?
Under the OTARD rules, an owner or a tenant
has the right to install an antenna (that meets size limitations)
on property that he owns or over which he has exclusive use or
control. This includes single family homes, condominiums,
cooperatives, townhomes, and manufactured homes. In the case of
condominiums, cooperatives, and rental properties, the rules apply
to “exclusive use” areas, like terraces, balconies, or patios.
“Exclusive use” means an area of the property that only you and
people you permit may enter and use. If the area is shared with
others or accessible without your permission, it is not
considered.
OTARD rules do not apply to common
areas that are owned by a landlord, a community association, or
jointly by condominium owners. These common areas may include the
roof or exterior walls of a multiple dwelling unit. Under certain
conditions, if a common antenna is available for use by residents,
then the community association or landlord may reject or not
permit the installation of an individually-owned antenna or
satellite dish, provided the service and costs are the same.
Are There Any Other Restrictions On Where I Can Install My Dish or Antenna?
Restrictions necessary to prevent damage to
leased property are permissible, as long as the restrictions are
reasonable. For example, a lease restriction that forbids tenants
from drilling holes through exterior walls or through the roof is
likely to be permissible.
An association, landlord, or local government
may impose certain restrictions when safety is a concern or where
a historic site is involved. An example of a safety restriction
would be installing an antenna on a fire escape. Safety
restrictions must be narrowly written so that they are no more
burdensome than necessary to address a legitimate safety purpose.
Installation Requirements for Fixed Wireless Antennas that Receive and Transmit
The FCC requires fixed wireless antennas
capable of receiving and transmitting voice and data services to
meet certain guidelines regarding radiation exposure limits and
environmental standards. Because of these guidelines, fixed
wireless providers can require that their equipment be
professionally installed.
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For More Information
For more information about the OTARD rules
and guidance on filing a petition or requesting a waiver, visit the FCC’s Web
site at:
www.fcc.gov/mb/facts/otard.html.
For general information on this and other
telecommunications-related issues, you may contact the FCC’s Consumer &
Governmental Affairs Bureau in the following ways:
Internet: www.fcc.gov/cgb
E-Mail:
fccinfo@fcc.gov
Consumer Center:
1-888-CALL-FCC (1-888-225-5322) voice
1-888-TELL-FCC (1-888-835-5322) TTY
Mail:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, SW
Washington, DC 20554.
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