With the growing popularity of home satellite TV, conflicts will arise between potential users of satellite dishes, regulations and restrictive agreements banning satellite dishes. In anticipation of these conflicts and to facilitate competition between cable and satellite television providers, Congress included in the Telecommunications Act (Act) of 1996 a provision directing the Federal Communications Commission (FCC) to enact rules governing the use of direct satellite dishes. Telecommunications Act 1996, § 207, PL 104-104, 110 Stat 56, 8 February 1996. (i) an antenna designed to receive direct satellite broadcasting services, including direct-to-home satellite services, with a diameter of one metre or less. Associations can specify location preferences, such as Bowl should be installed on the back of the device above or below a certain height. Those who wish to install satellite dishes can do so as long as they are practical and do not violate any of the three standards listed above. The official name of the FCC rule is the Over-the-Air-Reception Device („OTARD“) rule. The rule generally provides that a resident has the right to install a satellite dish on property owned/leased or allocated to them for exclusive use, such as a terrace or balcony in a condominium or co-op property. Communities can still prohibit installations in or on common areas or property. A: No. The FCC does not provide standard guidelines for satellite dish installations because every community is different. Guidelines should be created based on each municipality`s government documents, the type of buildings involved, the community platform or drawings, and even the layout of the property itself.

Some associations have written restrictions that provide a prioritized list of placement preferences so residents can see where the association wants to install the satellite dish. Residents must comply with placement preferences, provided that this does not result in delays or undue costs or prevent the reception of a signal of acceptable quality. A: No. The FCC rule does not allow the installation of satellite dishes beyond the balcony or patio of a condominium if such installation is done in, on, or over a common element. Therefore, a satellite dish should be installed entirely in the limited common element or exclusive use area such as the balcony or terrace. The only exception is a satellite dish attached to the inside or top of a railing, where part of the antenna can easily protrude from the balcony. A: The answer to both questions is no. A restriction banning all satellite dishes is prohibited, as is a restriction requiring a person to obtain permission or approval before installing on their own property. Previous permits or permits required for legitimate security or historic preservation purposes may be authorized.

Although a simple notification procedure is allowed, such a procedure cannot be used as a permit requirement and must not delay or increase installation costs. The onus is on the association to prove that a reporting procedure does not violate the rule. The rule was not very effective in its objectives; It was often unknown or ignored by local governments. In addition, the rule only prohibited regulations that prima facie distinguished satellite dishes from other types of antennas, so places could easily circumvent the rule by simply banning all antennas. To make matters worse for the FCC, a court ruling removed the requirement that potential plate owners exhaust all other available remedies before turning to the FCC, invalidating the rule. Deerfield v Federal Communications Commission, 992 F2d 420 (2nd Cir 1992). Finally, in 1996, Congress asked the FCC to draft a new rule. Although Rule 25.104 has been amended and is still applicable, in many cases the new rule adopted by the FCC replaces the old rule and appears to be better equipped to encourage interest in increasing the availability of satellite television. Answer: Under federal law, residents of municipal associations have the right to install satellite dishes. This also applies if the association`s documents appear to restrict this right. The law repeals the Community rules. The only exceptions are legitimate security concerns or the preservation of certain historic properties.

The FCC`s initial response to this question was to enact 47 CFR § 25.104, which anticipates zoning orders that restrict satellite dishes less than one meter or two meters in diameter if the area is designated for commercial or industrial use. The regulations applied only to state and local government areas or land use ordinances; Private restrictions on satellite dishes still apply. Regulations regulating or prohibiting satellite dishes were not prohibited under the rule, but such regulations would likely be inappropriate if the satellite dish were smaller than the prescribed size. This presumption of unreasonableness could be rebutted if the public authority could demonstrate that the restrictions promote a clearly defined health, safety or aesthetic objective without imposing an unnecessary burden on owners. Potential home and condo buyers often have a lot of questions, and when you include homeowner communities in the mix, the rules and regulations can get confusing. Although many humanitarian organizations have clearly defined restrictions, they may not have the legal support to be enforced. It is important to consult a real estate attorney for disputes or questions regarding HOA rules.