| Minimal Antenna Restrictions for VHF & Above |
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The Telecommunications Act of 1996 removes most antenna restrictions, including homeowner covenants, for receiving over the air broadcasts. While written with over the air TV antennas in mind, it applies to any antenna capable of receiving television broadcasts, including six and two meter antennas. Go ahead and put up that antenna! Here is the summary text: Implementation of Section 207 of the ) CS Docket No. 96-83 Telecommunications Act of 1996 ) ) Restrictions on Over-the-Air Reception Devices: ) Television Broadcast Service and ) Multichannel Multipoint Distribution Service )
5. We implement Section 207 by adopting the following rule, and by amending Section 25.104 as indicated in Attachment A: (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 or 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, instructional television fixed services, and local 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 shall 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 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. 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. For the complete text, click here for the document in text format or WordPerfect format.
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