I. TYPES OF EQUIPMENT COVERED
A. Direct Broadcast Systems (DBS) and Multipoint Distribution Antennas one meter or less in diameter (non-commercial).
B. TVBS Antennas (Television Broadcast Systems) Regardless of size.
C. Masts - if more than 12' over roof line, BOCA Code applies.
D. Antennas - one (1) meter or less in diameter, designed to receive MMDS (wireless cable) or to receive or transmit fixed wireless signals via satellite .
II. LOCATION OF INSTALLATION
A. Rules currently apply only to property within exclusive use or control of a person who has direct or indirect ownership in the property or who rents the property.
(1) Inside of unit.
(2) Limited common element such as balconies, patios, porches, etc. which are also known as “exclusive use areas” (even though Association has obligation to maintain those limited common element areas).
(3) Applies to tenants.
B. Dishes on general common elements can be prohibited or regulated. Drilling through common elements may be prohibited.
III. ALLOWABLE RESTRICTIONS
A. Restriction to preserve resident safety
B. Restriction intended to preserve historic district (if site listed or eligible to be listed on National Register of Historic Places).
C. Restrictions that do not:
(1) Prevent or unreasonably delay the installation, maintenance or use of antennas (i.e. requiring a permit prior to installation).
(2) Unreasonably increase cost of installation, maintenance or use (such as require expensive fencing or landscaping) (i.e. a requirement to pay a fee to be allowed to install an antenna).
(3) Preclude an acceptable quality signal.
D. Restrictions that require compliance with BOCA and Safety Codes
E. Restrictions to prevent damages to leased premises (i.e. drilling through walls but not to prevent normal wear and tear).
IV. FCC WAIVERS
A. Association may apply for a waiver, but to date, its unlikely to be granted.
B. Validity of specific restrictions.
(1) File for a declaratory ruling from the FCC; or
(2) File in U.S. District Court.
C. Association cannot assess penalties until restriction declared valid.
D. Alternative dispute resolution procedures in Bylaws are unenforceable
E. If owner files for declaratory ruling with FCC, Association cannot sue the co-owner until FCC rules on the request.
F. Burden of proof on Association to prove it complies.
G. FCC rule preempts state and local laws in conflict with the FCC rules.
H. While petition or waiver is pending, co-owner can continue to use the antenna unless restriction being challenged or waiver being sought is for reasons of safety or historic preservation.
V. ASSOCIATION OPTIONS
A. Association can still prohibit satellite dishes or tv antennas on common elements (pending further FCC rules).
B. As to limited common element installations:
(1) Association can designate preferred locations.
(a) Hire communication consultant to identify locations acceptable to Association.
(b) Offer options (indoors, attics, etc.).
(2) Co-owner notification to Association may still be allowed.
(a) Can’t require prior approval.
(b) Association has burden to prove preferred location would receive acceptable quality signal and would not unreasonably delay the installation or increase the cost of the installation.
(3) Central Dish - can then remove individual antennas if:
(a) Must offer comparable TV programming.
(b) Association pays for the removal.
(c) Association reimburses co-owner for cost of the antenna.
(d) No unreasonable delay to obtain additional services desired by co-owner which the antenna does not offer
(4) Camouflaging - Regulations requiring dishes to be placed where they are not visible from the street would be permissible if placement does not interfere with reception or create an unreasonable cost or delay.
C. Amend existing rules - A MUST
(1) Must include the three exceptions (that the rules cannot prevent or unreasonably delay the installation, maintenance or use of antennas, that the rules cannot unreasonably increase the cost of installation, maintenance or use, and that the rule does not preclude an acceptable quality signal).
(2) Can require co-owners to maintain the dishes and to be responsible for repairing damage to the common elements or other property.
EVERY ASSOCIATION MUST REVIEW AND AMEND THEIR EXISTING ANTENNA RULES, EVEN PENDING FURTHER FCC RULES.
CABLE TV
I. MANY CABLE COMPANIES ARE ATTEMPTING TO UP THEIR EXISTING CONTRACTS.
II. WHAT SHOULD BE LOOK FOR IN A CABLE CONTRACT?
B. Adequate protection for the Association.
(1) Restoration of property after installation or repair.
(a) Non-exclusive - allow other cable companies
(b) Association should not market the cable services