From:
Fred Hopengarten K1VR 781/259-0088
Six Willarch Road
Lincoln, MA 01773-5105
permanent e-mail address: fhopengarten@mba1972.hbs.edu
CS Docket 96-83, dated 8/5/96, effective 180 days later.
Modifies 47 CFR Subpart S, 1.4000(a) and (b).
Section 1.4000. Restrictions impairing reception of
Television Broadcast Signals, Direct Broadcast Satellite
Services or Multichannel Multipoint Distribution Services
(a) Any restriction, including but not limited to any
state or local law or regulation, including zoning,
land-use, or building regulation, or any private
covenant, homeowners' association rule or similar
restriction 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, that
impairs the installation, maintenance, or use of :
(1) an antenna that is designed to receive direct
broadcast satellite service, including direct-to-
home satellite services, that is one meter or less
in diameter is located in Alaska; or
(2) an antenna that is designed to receive video
programming services via multipoint distribution
services, including multichannel multipoint
distribution services, and that is one meter or
less in diameter or diagonal measurement; or
(3) an antenna that is designed to receive
television broadcast signals,
is prohibited, to the extent it so impairs, subject to
paragraph (b). For purposes of this rule, a law, regulation
or restriction impairs installation, maintenance or use of
an antenna if it: (1) unreasonably delays or prevents
installation, maintenance or use, (2) unreasonably increases
the cost of installation, maintenance or use, or (3)
precludes reception of an acceptable quality signal. No
civil, criminal, administrative or other legal action of any
kind shall be taken to enforce any restriction or regulation
prohibited by this rule except pursuant to paragraph (c) or
(d). No fine or other penalties accrue against an antenna
user while a proceeding is pending to determine the validity
of any restriction.
(b) Any restriction otherwise prohibited by paragraph
(a) is permitted if:
(1) it is necessary to accomplish a clearly
defined safety objective that is either stated in
the text, preamble or legislative history of the
restriction or described as applying to that
restriction in a document that is readily
available to antenna users, and would be applied
to the extent practicable in a non-discriminatory
manner to other appurtenances, devices, or
fixtures that are comparable in size, weight, and
appearance to these antennas and to which local
regulation would not normally apply; or
(2) it is necessary to preserve an historic
district listed or eligible for listing in the
National Register of Historic Places, as set forth
in the National Historic Preservation Act of 1966,
as amended, 16 U.S.C. Section 470a, and imposes no
greater restrictions on antennas covered by this
rule than are imposed on the installation,
maintenance or use of other modern appurtenances,
devices or fixtures that are comparable in size,
weight, and appearance to these antennas; and
(3) it is no more burdensome to affected antenna
users than is necessary to achieve the objectives
described above.
(c) Local governments or associations may apply to the
Commission for a waiver of this rule under Section 1.3
of the Commission's rules, 47 C.F.R. Section 1.3.
Waiver requests will be put on public notice. The
Commission may grant a waiver upon a showing by the
applicant of local concerns of a highly specialize or
unusual nature. No petition for waiver shall be
considered unless it specifies the restriction at
issue. Waivers granted in accordance with this section
shall not apply to restrictions amended or enacted
after the waiver is granted. Any responsive pleadings
must be served on all parties and filed within 30 days
after release of a public notice that such petition has
been filed. Any replies must be filed within 15 days
thereafter.
(d) parties may petition the Commission for a
declaratory ruling under Section 1.2 of the
Commission's rules, 47 C.F.R. Section 1.2, or a court
of competent jurisdiction, to determine whether a
particular restriction is permissible or prohibited
under this rule. Petitions to the Commission will be
put on public notice. Any responsive pleadings must be
served on all parties and filed within 30 days after
release of a public notice that such petition has been
filed. Any replies must be filed within 15 days
thereafter.
(e) In any Commission proceeding regarding the scope
or interpretation of any provision of this section, the
burden of demonstrating that a particular governmental
or nongovernmental restriction complies with this
section and does not impair the installation,
maintenance or use of devices designed for over-the-air
reception of video programming services shall be on the
party that seeks to impose or maintain the restriction.
(f) All allegations of fact contained in petitions and
related pleadings before the Commission must be
supported by affidavit of a person or persons with
actually knowledge thereof. An original and two copies
of all petitions and pleadings should be addressed to
the Secretary, Federal Communications Commission, 1919
M St. N.W.; Washington, D.C. 20554. Copies of the
petitions and related pleadings will be available for
purchase from the Commission's contract copy center,
and Commission decisions will be available on the
Internet.
From: "Dan Gannon, WA5ANF" <dpgsrg@hti.net>
To: <towertalk@contesting.com>
Date: 11 Oct 1997
Subject: HL: need sample deed language for antennas
With respect to the satellite dish issue,
suggest as a starting point, you might want
to go to the FCC site at:
http://www.fcc.gov/siteframe.html
and find:
Report & Order, Memorandum & Opinion & Order, and Further Notice of
Proposed Rulemaking in the matter of Preemption of Local Zoning
Regulation of Satellite Earth Stations; Implementation of Section 207 of
the Telecommunications Act of 1996, restrictions on Over-the Air
Reception Devices: Television Broadcast Service & Multichannel
Multipoint Distribution Service (IB Docket 95-59, CS Docket No. 96-83)
(August 6, 1996)
The citation for the Act is:
Telecommunications Act of 1996, Pub. LA. No. 104-104, 110 Stat. 56
(1996).
Dan Gannon, WA5ANF Houston (77042)
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