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Q: | What types of antennas are covered by the rule? |
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A. | |
1. | A "dish" antenna that is one meter (39.37") or less in diameter and is designed to
receive direct broadcast satellite service, including direct-to-home satellite service. | |
2. | An antenna that is one meter or less in diameter or diagonal measurement 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. | |
3. | An antenna that is designed to receive local television broadcast signals. Masts higher than
12 feet above the roofline may be subject to local permitting requirements. |
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Q. | What types of restrictions are prohibited? |
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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. |
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Q. | What types of restrictions unreasonably delay or prevent viewers from using an
antenna?
Can an antenna user be required to obtain prior approval before installing his antenna? |
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A. | A local restriction that prohibits all antennas would prevent viewers from receiving
signals,
and is prohibited by the Commission's rule. Procedural requirements can also unreasonably delay installation,
maintenance or use of an antenna covered by this rule. For example, local regulations that require a person to
obtain a permit or approval prior to installation create unreasonable delay and are generally prohibited. Permits
or prior approval necessary to serve a legitimate safety or historic preservation purpose may be permissible.
Although a simple notification process might be permissible, such a process cannot be used as a prior approval
requirement and may not delay or increase the cost of installation. The burden is on the association to show
that a notification process does not violate our rule. |
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Q. | What is an unreasonable expense? |
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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 permits are generally prohibited. It may also be unreasonable for
a local government, community association or landlord to require a viewer to incur additional costs associated
with installation. Things to consider in determining the reasonableness of any costs imposed include: (1) the
cost of the equipment and services, and (2) whether there are similar requirements for comparable objects, such
as air conditioning units or trash receptacles. For example, restrictions cannot require that expensive landscaping
screen relatively unobtrusive DBS antennas. A requirement to paint an antenna so that it blends into the background
against which it is mounted would likely be acceptable, provided it will not interfere with reception or impose
unreasonable costs. |
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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?
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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. |
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Q. | Can a restriction limit the number of antennas that may be installed at a particular
location? |
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A. | The commission’s rule covers the antennas necessary to receive service. Therefore, a
local
rule may not, for example, allow only one antenna if more than one antenna is necessary to receive the desired
service. |
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Q. | Are all restrictions prohibited? |
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A. | No. Clearly-defined, legitimate safety restrictions are permitted even if they impair
installation, maintenance or use provided they are necessary to protect public safety and are no more burdensome
than necessary to ensure 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; 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 who wishes to install an antenna knows
what restrictions apply. Safety restrictions cannot discriminate between objects that are comparable in size and weight
and pose the same or a similar safety risk as the antenna that is being restricted.
Restrictions necessary for historic preservation also may be permitted even if they impair installation, maintenance
or use of the antenna. To qualify for this exemption, the property may be any prehistoric or historic district, site,
building, structure or object included in, or eligible for inclusion on, the National Register of Historic Places. In
addition, restrictions necessary for historic preservation must be no more burdensome than necessary to accomplish the
historic preservation goal. They also must be imposed and enforced in a non-discriminatory manner, as compared to other
modern structures that are comparable in size and weight and to which local regulation would normally apply.
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Q. | Whose antenna restrictions are prohibited? |
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A. | The rule applies to restrictions imposed by local governments, including zoning, land-use
or building
regulations; by homeowner, townhome, condominium or cooperative association rules, including deed restrictions, covenants,
by-laws and similar restrictions; and by manufactured housing (mobile home) park owners and landlords, including lease
restrictions. The rule only applies to restrictions on property where the viewer has an ownership or leasehold interest
and exclusive use or control. |
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Q. | If I live in a condominium or an apartment building, does this rule apply to me?
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A. | The rule applies to antenna users who live in a multiple dwelling unit building, such as a
condominium or apartment building, if the antenna user has an exclusive use area in which to install the antenna.
"Exclusive use" means an area of the property that only you, and persons you permit, may enter and use to the exclusion
of other residents. For example, your condominium or apartment may include a balcony, terrace, deck or patio that only
you can use, and the rule applies to these areas. The rule does not apply to common areas, such as the roof,
the hallways, the walkways or the exterior walls of a condominium or apartment building. Restrictions on antennas
installed in these common areas are not covered by the Commission's rule. For example, the rule would not
apply to restrictions that prevent drilling through the exterior wall of a condominium or rental unit and thus
restrictions may prohibit installation that requires such drilling. |
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Q. | Does the rule apply to condominiums or apartment buildings if the antenna is installed
so that
it hangs over or protrudes beyond the balcony railing or patio wall? |
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A. | No. The rule does not prohibit restrictions on antennas installed beyond the balcony or
patio of
a condominium or apartment unit if such installation is in, on, or over a common area. An antenna that extends out
beyond the balcony or patio is usually considered to be in a common area that is not within the scope of the rule.
Therefore, the rule does not apply to a condominium or rental apartment unit unless the antenna is installed wholly
within the exclusive use area, such as the balcony or patio. |
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Q. | Does the fact that management or the association has the right to enter these areas
mean that
the resident does not have exclusive use? |
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A. | No. The fact that the building management or the association may enter an area for the
purpose of
inspection and/or repair does not mean that the resident does not have exclusive use of that area. Likewise, if the
landlord or association regulates other uses of the exclusive use area (e.g., banning grills on balconies), that does
not affect the viewer's rights under the Commission's rule. This rule permits persons to install antennas on property over
which the person has either exclusive use or exclusive control. Note, too, that nothing in this rule changes the landlord's or
association's right to regulate use of exclusive use areas for other purposes. For example, if the lease prohibits antennas
and flags on balconies, only the prohibition of antennas is eliminated by this rule; flags would still be prohibited.
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Q. | Does the rule apply to residents of rental property?
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A. | Yes. Effective January 22, 1999, renters may install antennas within their leasehold,
which means inside
the dwelling or on outdoor areas that are part of the tenant's leased space and which are under the exclusive use or control
of the tenant. Typically, for apartments, these areas include balconies, balcony railings, and terraces. For rented single
family homes or manufactured homes which sit on rented property, these areas include the home itself and patios, yards,
gardens or other similar areas. If renters do not have access to these outside areas, the tenant may install the antenna
inside the rental unit. Renters are not required to obtain the consent of the landlord prior to installing an antenna in these
areas. The rule does not apply to common areas, such as the roof or the exterior walls of an apartment building. Generally,
balconies or patios that are shared with other people or are accessible from other units are not considered to be exclusive
use areas.
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Q. | Are there restrictions that may be placed on residents of rental
property? |
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A. | Yes. A restriction necessary to prevent damage to leased property may be reasonable. For
example, tenants
could be prohibited from drilling holes through exterior walls or through the roof. However, a restriction designed to prevent
ordinary wear and tear (e.g., marks, scratches, and minor damage to carpets, walls and draperies) would likely not be
reasonable provided the antenna is installed wholly within the antenna user's own exclusive use area. In addition, rental
property is subject to the same protection and exceptions to the rule as owned property. Thus, a landlord may impose other
types of restrictions that do not impair installation, maintenance or use under the rule. The landlord may also impose
restrictions necessary for safety or historic preservation. |
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Q. | If I live in a condominium, cooperative, or other type of residence where certain areas
have been
designated as "common," do these rules apply to me? |
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A. | The rules apply to residents of these types of buildings, but the rules do not permit you
to install an
antenna on a common area, such as a walkway, hallway, community garden, exterior wall or the roof. However, you may install
the antenna wholly within a balcony, deck, patio, or other area where you have exclusive use.
Drilling through an exterior wall, e.g. to run the cable from the patio into the unit, is
generally not within the protection of the rule because the exterior wall is generally a common element. You may wish to check
with your retailer or installer for advice on how to install the antenna without drilling a hole. Alternatively, your landlord
or association may grant permission for you to drill such a hole. The Commission's rules generally do not cover installations
if you drill through a common element. |
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Q. | If my association, building management, landlord, or property owner provides a central
antenna, may I
install an individual antenna? |
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A. | Generally, the availability of a central antenna may allow the association, landlord,
property owner, or
other management entity to restrict the installation by individuals of antennas otherwise protected by the rule. Restrictions
based on the availability of a central antenna will generally be permissible provided that: (1) the person receives the
particular video programming or fixed wireless service that the person desires and could receive with an individual antenna
covered under the rule (e.g., the person would be entitled to receive service from a specific provider, not simply a provider
selected by the association); (2) the signal quality of transmission to and from the person's home using the central antenna
is as good as, or better than, the quality the person could receive or transmit with an individual antenna covered by the
rule; (3) the costs associated with the use of the central antenna are not greater than the costs of installation, maintenance
and use of an individual antenna covered under the rule; and (4) the requirement to use the central antenna instead of an
individual antenna does not unreasonably delay the viewer's ability to receive video programming or fixed wireless
services. |
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Q. | May the association, landlord, building management or property owner restrict the
installation of an
individual antenna because a central antenna will be available in the future? |
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A. | It is not the intent of the Commission to deter or unreasonably delay the installation of
individual
antennas because a central antenna may become available. However, persons could be required to remove individual antennas once
a central antenna is available if the cost of removal is paid by the landlord or association and the user is reimbursed for
the value of the antenna. Further, an individual who wants video programming or fixed wireless services other than what is
available through the central antenna should not be unreasonably delayed in obtaining the desired programming or services
either through modifications to the central antenna, installation of an additional central antenna, or by using an individual
antenna. |
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Q. | I live in a townhome community. Am I covered by the FCC rule? |
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A. | Yes. If you own the whole townhouse, including the walls and the roof and the land under
the building,
then the rule applies just as it does for a single family home, and you may be able to put the antenna on the roof, the
exterior wall, the backyard or any other place that is part of what you own. If the townhouse is a condominium, then the rule
applies as it does for any other type of condominium, which means it applies only where you have an exclusive use area. If it
is a condominium townhouse, you probably cannot use the roof, the chimney, or the exterior walls unless the condominium
association gives you permission. You may want to check your ownership documents to determine what areas are owned by you or
are reserved for your exclusive use. |
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Q. | I live in a condominium with a balcony, but I cannot receive a signal from the
satellite because my
balcony faces north. Can I use the roof? |
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A. | No. The roof of a condominium is generally a common area, not an area reserved for an
individual's
exclusive use. If the roof is a common area, you may not use it unless the condominium association gives you permission. The
condominium is not obligated to provide a place for you to install an antenna if you do not have an exclusive use area.
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Q. | I live in a mobile home that I own but it is located in a park where I rent the lot. Am
I covered by
the FCC rule? |
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A. | Yes. The rule applies if you install the antenna anywhere on the mobile or manufactured
home that is
owned by you. The rule also applies to antennas installed on the lot or pad that you rent, as well as to other areas that are
under your exclusive use and control. However, the rule does not apply if you want to install the antenna in a common area or
other area outside of what you rent. |
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Q. | I want a conventional "stick" antenna to receive a distant over-the air television
signal. Does the
rule apply to me? |
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A. | No. The rule does not apply to television antennas used to receive a distant signal.
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Q. | I want to install an antenna for broadcast radio or amateur radio. Does the rule apply
to me?
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A. | No. The rule does not apply to antennas used for AM/FM radio, amateur ("ham") radio (see
47 C.F.R.
§97.15), Citizen's Band ("CB") radio or Digital Audio Radio Services ("DARS").
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Q. | I want to install an antenna to access the Internet. Does the rule apply to me?
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A. | Yes. Antennas designed to receive and/or transmit data services, including Internet
access, are included
in the rule. |
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Q. | I'm a board member of a homeowners' association and we want to revise our restrictions
so that they
will comply with the FCC rule. Do you have guidelines you can send me? |
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A. | The Commission does not have sample guidelines because every community is different. Some
communities
have written restrictions that provide a prioritized list of placement preferences so that residents can see where the
association wants them to install the antenna. The residents should comply with the placement preferences provided the
preferred placement does not impose unreasonable delay or expense or preclude reception of an acceptable quality signal.
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Q. | What restrictions are permitted if the antenna must be on a very tall mast to get a
signal? |
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A. | If you have an exclusive use area that is covered by the rule and need to put your
antenna on a mast,
the local government, community association or landlord may require you to apply for a permit for safety reasons if the mast
extends more than 12 feet above the roofline. If you meet the safety requirements, the permit should be granted. Note that the
Commission's rule only applies to antennas and masts installed wholly within the antenna user's exclusive use area. Masts that
extend beyond the exclusive use area are outside the scope of the rule. For installations on single family homes, the
"exclusive use area" generally would be anywhere on the home or lot and the mast height provision is usually most relevant in
these situations. For example, if a homeowner needs to install an antenna on a mast that is more than 12 feet taller than the
roof of the home, the homeowners' association or local zoning authority may require a permit to ensure the safety of such an
installation, but may not prohibit the installation unless there is no way to install it safely. On the other hand, if the
owner of a condominium in a building with multiple dwelling units needs to put the antenna on a mast that extends beyond the
balcony boundaries, such installation would generally be outside the scope and protection of the rule, and the condominium
association may impose any restrictions it wishes (including an outright prohibition) because the Commission rule does not
apply in this situation. |
