Cohousing-L Mailing List: Re: External Displays

[melanie griffin (melgrif]

this seems to be the latest available on the fcc website. the one case i
found was of a man who challenged the regulation and lost.

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.

 (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. 
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 specialized 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.



On Nov 12, 2007 6:16 PM, Ann Zabaldo <ann.zabaldo [at] gmail.com> wrote:

> Hi all!
>
> Usually I'm loathed to get into discussions like this on email ...
> because I watch and am a great fan of C-SPAN this is actually
> something I heard about when C SPAN had a discussion about
> telecommunications.  The condo cannot prohibit a satellite dish IF the
> unit owner has external space to mount it such as a deck, balcony or
> porch even a roof EXCEPT if it's unsafe OR the building is in the
> national register of historic preservation.
>
> And, yes, they can just install it.   There's a wonderful 100-150 unit
> apt. building in SW DC in which all the units have a balcony.  Instead
> of installing a central system ... EVERY balcony ... every single one
> ... has a satellite dish.  It's the funniest and saddest thing to see.
>  It looks as if the building either sprouted metal "flowers" or came
> down w/ some alien disease.
>
> Hopefully, if people in cohousing want a satellite dish they would be
> sensitive to their neighbors and seek to work w/ the community to
> affix the dish in an appropriate manner that works for everyone.
> However ... if they have a private exterior space they can simply have
> the company install the dish.
>
> Now this could have changed in the last five years and I'd love it if
> someone more knowledgeable than me a la C-SPAN would clarify this if
> so.
>
> Here's a link I found:  http://www.ccfj.net/FCClaw.htm
>
> Ann Z.
>
> On Nov 12, 2007 5:36 PM, Sharon Villines <sharon [at] sharonvillines.com>
> wrote:
> >
> > On Nov 12, 2007, at 4:47 PM, Larry Miller wrote:
> >
> > > Actually, I believe that there is a Federal law that allows anyone
> > > to put up a satellite dish.
> > > Communities cannot forbid them. This was passed in the 1980s after
> > > intense lobbying by the
> > > satellite companies.
>
> >
> > And many communities have many, many restrictions and fines to go
> > along with them.
> >
> > Sharon
> > ----
> > Sharon Villines
> > Takoma Village Cohousing,Washington DC
> > http://www.takomavillage.org
> --
> Ann Zabaldo
> Voice 202-291-7892
> Fax 202-291-8594
> Takoma Village Cohousing
> Washington, DC
> Principal, Cohousing Collaborative, LLC
> McLean, VA
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