Over-the-Air Reception Devices Rule

**rbinck** · 06-27-2004, 03:50 PM

Some people have read this and don't think this rule applies to them because their HOA has a ban on outdoor TV antennas. Well your HOA can not ban an outdoor TV antenna if you live in the USA.

FEDERAL COMMUNICATIONS COMMISSION

FACT SHEET

May 2001

Over-the-Air Reception Devices Rule

Quote:

Exerpt:
As directed by Congress in Section 207 of the Telecommunications Act of 1996, the Federal Communications Commission adopted the Over-the-Air Reception Devices Rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals from direct broadcast satellites ("DBS"), multichannel multipoint distribution (wireless cable) providers ("MMDS"), and television broadcast stations ("TVBS").

The rule is cited as 47 C.F.R. Section 1.4000 and has been in effect since October 14, 1996. It prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule applies to video antennas including direct-to- home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas. The rule prohibits most restrictions that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal.

Effective January 22, 1999, the Commission amended the rule so that it also applies to rental property where the renter has an exclusive use area, such as a balcony or patio.

Complete Fact Sheet...

Joe Travis · 07-01-2004, 08:58 PM

I went to the page and the more I read the more confused I get. So what are we saying, we can or cannot recieve OTS signals for personal use ? I'm not talking Dish etc, I'm talking the HD towers that send out the signan, is it illegal to use it ?

**rbinck** · 07-01-2004, 09:04 PM

It says that no local restrictions can prevent you from putting up an antenna or dish to receive TV or internet signals.

Joe Travis · 07-02-2004, 02:15 PM

Thanks for making it simple for me, the Oxygen I use offten and my age don't help any.

coyote · 01-14-2005, 03:03 PM

I find this regulation incredibly frustrating. I agree that no local or other governmental agency ought be allowed to prohibit antennae. But a private community, or rental? If you want an antenna, move to a place that allows 'em, you know?

LSU_Rocks2003 · 01-19-2005, 02:01 PM

I understand what you mean by "move to an area where it's allowed" But what the law states is simple, you have the right to use an antenna. However, your local restrictions in your subdivison can state where you can or cant locate your antenna on your property, such as not in the front yard over the front door.
Thank you

jmiller5_us · 02-22-2005, 09:34 AM

Let me start by saying that I know nothing about Hi-Def...

I live in an HOA that forbids antennas of any kind except for the small sat dishes. We have a guy with one of the big HD antennas on his roof and cites federal law that prevents enforcement of the HOA restriction.

It makes no difference to me, I'm just curious for when I finally make the move to hi-def.

My question is does he need both? If he can receive hi def over sat or cable, is the other antenna necessary? I know we can receive our local stations over satellite if it makes any difference.

jim5506 · 02-22-2005, 12:04 PM

High Definition is not the issue. The restructions cannot prevent you from erecting an antenna that gives you "an acceptable quality signal". The determination of that is up to the FCC and if your HOA disagrees, you can appeal to the FCC and the HOA has to let things stay up until their determination is made. As far as I know, no has been denied the right to erect and antenna by the FCC, that is HOA's have lost all appeals, so far.

RSawdey · 03-18-2005, 10:56 AM

It's partly considered an emergency preparedness issue... since emergency broadcasts take over your TV (like the monthly tests) to tell you what to do, so to prevent this could endanger you. Satellite has nothing to do with this, the FCC only has authority over OTA broadcasts. The federal law trumps everything below it.

This isn't an HDTV issue, it's an any kind of TV issue... and, by the way, there is no such thing as an HDTV antenna... radio waves are received by an antenna, doesn't matter how they are modulated or what their content is.

amf1932 · 03-18-2005, 11:28 AM

I live in a co-op apartment house very close to NYC. The building has a decent master antenna system that covers channel's 2 to13, but not the UHF band. When I scanned the TV tuner to check what Hi-Def channels are available, it only came up with one, ch. 11.2, yet I know that there are plenty more OTA channels available in my area. Why is this so?
Also, the management tells me I can't install any type of antenna or dish outside of my apartment. Do you think I can do anything about this?

Alan

RSawdey · 03-19-2005, 05:00 PM

Management is dead wrong. They are not providing an accepable signal. If you are a co-owner, not a tenant, you can put up whatever you need. You can easily show them the FCC guarantees you the right. You could always threaten to put up the biggest & ugliest antenna on the planet if they don't fix the master antenna system... They need to not only add UHF, but replace their splitters & distribution amps that are not digital compatible. VERY strange that you can recieve the secondary digital channel and not the primary, 11.1. Gotta be a REALLY bad signal... point out how many stations are on the air in digital & that analog is switched off in 21 1/2 months.

amf1932 · 03-19-2005, 05:21 PM

Here is #14 of the house rules for my co-op Apartment:

"14) As a safety factor, inasmuch as we have no balconies or terraces, antennas or satellites cannot be installed anywhere in the building."

How would you handle this, if I choose to improve my reception? As I said before, the master antenna system is about 43 years old and is pretty poor and only handles the VHS channels.......no UHF!

Alan

RSawdey · 03-25-2005, 02:12 PM

Rule #14 is illegal & uninforceable since it is overruled by the FCC.

I'd start by asking them nicely to bring your antenna system into the 21st century. If they balk, tell them the FCC guarantees you the right to reception & if they won't provide it then you will. If they say you can't, then show them the docs from the FCC. You may laugh at baseless threats of civil lawsuit... no lawyer in his right mind will present a case he is guaranteed to lose.

**rbinck** · 03-25-2005, 08:35 PM

In apartment complexes it may be inforcable. The FCC rule provides for you to be able to put an antenna in any exclusive use areas such as a balcony or patio. If you don't have these you might be precluded. They have the right to prevent you from mounting anything to their structure as well as prevent you from drilling holes in the building. They also have the right to prevent you from having any part of an antenna protruding into common areas as well.

Apartments give installers the most troubles since the tenants do not own their abodes. The next is townhouses which may be a co-op apartment in some areas. If you don't own the walls and roof, you don't have exclusive use.

I would try something like a Square Shooter antenna in a window toward the transmitter antennas. Try to get it positioned to where there is not window screen in front of the antenna.

Finally if you have carefully read the FCC Complete Fact Sheet... and feel you can still mount an antenna, then there is this excerpt from the fact sheet:

Quote:

Q: Who do I call if my town, community association or landlord is enforcing an invalid restriction?
A: Call the Federal Communications Commission at (888) CALLFCC (888-225-5322), which is a toll-free number, or 202-418-7096, which is not toll-free.

A better approach might be to offer to upgrade their central system for them. Chances are you will spend about the same money to replace their central antenna as you would spend putting up one of your own. Chances are also good that the rest of the distribution equipment will be ok unless they have some defective distribution amps.

amf1932 · 03-28-2005, 05:50 PM

This is the answer I got from the management of my co-op apartment house.
" There is no special antenna for an HDTV. The antenna accepts any incoming signal and the tenants television will convert it to HDTV if he has the capability"
As I said previously, this master antenna system receives ch. 2 to 13 fairly good with a few ghosts on certain channels,
and very weak UHF signals. When I scanned the signal with my Sony 42WE655 it only came up with 1 HD signal on ch 11(11.1 and 11.2).
Is this weak UHF signal component due to the distribution amps, and will this prevent the TV from receiving the HD signal on the the OTA channels. I live in Brooklyn(less then 10 miles) which is very close to the transmitters in New York City, and I know there are plenty of other OTA HD channels in my area.
I would like to respond to the company that services this master system, but I'd like to word it in a professional manner. Any ideas what I should include in this response? Thanks.

Alan

07-01-2004, 08:58 PM	#2
Joe Travis A couch and an HDTV to go please. Join Date: May 2004 Posts: 12	Please Tell this old guy I went to the page and the more I read the more confused I get. So what are we saying, we can or cannot recieve OTS signals for personal use ? I'm not talking Dish etc, I'm talking the HD towers that send out the signan, is it illegal to use it ?

07-02-2004, 02:15 PM	#4
Joe Travis A couch and an HDTV to go please. Join Date: May 2004 Posts: 12	Thank you Thanks for making it simple for me, the Oxygen I use offten and my age don't help any.

01-19-2005, 02:01 PM	#6
LSU_Rocks2003 How can anyone watch standard def? Join Date: Jan 2005 Posts: 20	Right to an antenna I understand what you mean by "move to an area where it's allowed" But what the law states is simple, you have the right to use an antenna. However, your local restrictions in your subdivison can state where you can or cant locate your antenna on your property, such as not in the front yard over the front door. Thank you

02-22-2005, 09:34 AM	#7
jmiller5_us What is HD? Join Date: Feb 2005 Posts: 1	How much is enough? Let me start by saying that I know nothing about Hi-Def... I live in an HOA that forbids antennas of any kind except for the small sat dishes. We have a guy with one of the big HD antennas on his roof and cites federal law that prevents enforcement of the HOA restriction. It makes no difference to me, I'm just curious for when I finally make the move to hi-def. My question is does he need both? If he can receive hi def over sat or cable, is the other antenna necessary? I know we can receive our local stations over satellite if it makes any difference.

07-01-2004, 09:04 PM	#3
rbinck Administrator Join Date: Apr 2004 Location: Katy, Texas Posts: 12,338	It says that no local restrictions can prevent you from putting up an antenna or dish to receive TV or internet signals.

01-14-2005, 03:03 PM	#5
coyote A100 Join Date: Dec 2004 Posts: 126	I find this regulation incredibly frustrating. I agree that no local or other governmental agency ought be allowed to prohibit antennae. But a private community, or rental? If you want an antenna, move to a place that allows 'em, you know?

02-22-2005, 12:04 PM	#8
jim5506 Yellow Submarine Join Date: Dec 2004 Location: Lubbock, Texas Posts: 2,418	High Definition is not the issue. The restructions cannot prevent you from erecting an antenna that gives you "an acceptable quality signal". The determination of that is up to the FCC and if your HOA disagrees, you can appeal to the FCC and the HOA has to let things stay up until their determination is made. As far as I know, no has been denied the right to erect and antenna by the FCC, that is HOA's have lost all appeals, so far.

03-18-2005, 10:56 AM	#9
RSawdey Mr. Wizard Join Date: Feb 2005 Location: Ferndale, Michigan Age: 61 Posts: 5,981	It's partly considered an emergency preparedness issue... since emergency broadcasts take over your TV (like the monthly tests) to tell you what to do, so to prevent this could endanger you. Satellite has nothing to do with this, the FCC only has authority over OTA broadcasts. The federal law trumps everything below it. This isn't an HDTV issue, it's an any kind of TV issue... and, by the way, there is no such thing as an HDTV antenna... radio waves are received by an antenna, doesn't matter how they are modulated or what their content is.

03-18-2005, 11:28 AM	#10
amf1932 Sony 52" XBR4 Join Date: Nov 2004 Location: Brooklyn, NY Posts: 546	I live in a co-op apartment house very close to NYC. The building has a decent master antenna system that covers channel's 2 to13, but not the UHF band. When I scanned the TV tuner to check what Hi-Def channels are available, it only came up with one, ch. 11.2, yet I know that there are plenty more OTA channels available in my area. Why is this so? Also, the management tells me I can't install any type of antenna or dish outside of my apartment. Do you think I can do anything about this? Alan

03-19-2005, 05:00 PM	#11
RSawdey Mr. Wizard Join Date: Feb 2005 Location: Ferndale, Michigan Age: 61 Posts: 5,981	Management is dead wrong. They are not providing an accepable signal. If you are a co-owner, not a tenant, you can put up whatever you need. You can easily show them the FCC guarantees you the right. You could always threaten to put up the biggest & ugliest antenna on the planet if they don't fix the master antenna system... They need to not only add UHF, but replace their splitters & distribution amps that are not digital compatible. VERY strange that you can recieve the secondary digital channel and not the primary, 11.1. Gotta be a REALLY bad signal... point out how many stations are on the air in digital & that analog is switched off in 21 1/2 months.

03-19-2005, 05:21 PM	#12
amf1932 Sony 52" XBR4 Join Date: Nov 2004 Location: Brooklyn, NY Posts: 546	Here is #14 of the house rules for my co-op Apartment: "14) As a safety factor, inasmuch as we have no balconies or terraces, antennas or satellites cannot be installed anywhere in the building." How would you handle this, if I choose to improve my reception? As I said before, the master antenna system is about 43 years old and is pretty poor and only handles the VHS channels.......no UHF! Alan

03-25-2005, 02:12 PM	#13
RSawdey Mr. Wizard Join Date: Feb 2005 Location: Ferndale, Michigan Age: 61 Posts: 5,981	Rule #14 is illegal & uninforceable since it is overruled by the FCC. I'd start by asking them nicely to bring your antenna system into the 21st century. If they balk, tell them the FCC guarantees you the right to reception & if they won't provide it then you will. If they say you can't, then show them the docs from the FCC. You may laugh at baseless threats of civil lawsuit... no lawyer in his right mind will present a case he is guaranteed to lose.

03-28-2005, 05:50 PM	#15
amf1932 Sony 52" XBR4 Join Date: Nov 2004 Location: Brooklyn, NY Posts: 546	This is the answer I got from the management of my co-op apartment house. " There is no special antenna for an HDTV. The antenna accepts any incoming signal and the tenants television will convert it to HDTV if he has the capability" As I said previously, this master antenna system receives ch. 2 to 13 fairly good with a few ghosts on certain channels, and very weak UHF signals. When I scanned the signal with my Sony 42WE655 it only came up with 1 HD signal on ch 11(11.1 and 11.2). Is this weak UHF signal component due to the distribution amps, and will this prevent the TV from receiving the HD signal on the the OTA channels. I live in Brooklyn(less then 10 miles) which is very close to the transmitters in New York City, and I know there are plenty of other OTA HD channels in my area. I would like to respond to the company that services this master system, but I'd like to word it in a professional manner. Any ideas what I should include in this response? Thanks. Alan