[Info-vax] Completely OT: Frank Lloyd Wright

George Cornelius cornelius at eisner.decus.org
Mon Oct 22 13:26:20 EDT 2012


Bill Gunshannon wrote:

> In article <yPadnZDLguVvrRnNnZ2dnUVZ_qqdnZ2d at giganews.com>,
> "Richard B. Gilbert" <rgilbert88 at comcast.net> writes:

[...]

>> ISTR that courts have ruled that the Federal Government (FCC) has
>> jurisdiction over radio and television antennas.
> 
> In most cases, they do.  But covenants are contract matters and while
> you can not have a covenant that weakens a law, you can require stricter
> limits.  I know of places that not only don't allow visible antennas
> but also ban invisible ones.


>>                                                    The community in which
>> I live doesn't have visible roof top antennas.  My (unused)
>> television antenna is in the attic over the garage and so, is invisible.
>> 
>> We have broadband cable which I use only for internet access.
> 
> bill


The text below is from:

 www.hindmansanchez.com/resources/article/fcc-otard-rule-concerning-satellite-dishes-and-antennas-questions-and-answers

Q:     Briefly explain the FCC Rule pertaining to satellite dishes and antennas.

A:     On August 6, 1996, the Federal Communications Commission (FCC) adopted its
Rule implementing Section 207 of the Telecommunications Act of 1996. The Rule has
been amended three times since its original adoption. The Rule preempts community
association restrictions on certain antennas used to receive video programming
services. Specifically covered are antennas for over-the-air reception of direct
broadcast satellite (DBS) service, multi-channel, multipoint distribution service
(MMDS), fixed wireless signals, and television broadcast service, and the masts
supporting these antennas.  Not all antennas are protected by the FCC Rule. The
Rule applies to DBS antennas of less than one meter in diameter, including those
used to receive or transmit fixed wireless signals, MMDS antennas (?wireless
cable?) less than one meter in size, including those used to receive or transmit
fixed wireless signals, and standard TV antennas. Community associations can still
enforce restrictive covenants on other antennas (even if enforcing the covenant
impairs access to the signal).

The Rule states that associations may no longer enforce restrictions which prevent,
unreasonably delay or unreasonably increase the cost of antenna installation,
maintenance, or use, or preclude acceptable signal reception.

Restrictions that do not impair a viewer?s ability to receive video programming
services remain enforceable [...]




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