Goto Section: 1.3004 | 1.5000 | Table of Contents
FCC 1.4000
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 1.4000 Restrictions impairing reception of television broadcast signals,
direct broadcast satellite services or multichannel multipoint distribution
services.
(a)(1) Any restriction, including but not limited to any state or local law
or regulation, including zoning, land-use, or building regulations, or any
private covenant, contract provision, lease provision, 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 or leasehold interest in the property that impairs the
installation, maintenance, or use of:
(i) An antenna that is:
(A) Used to receive direct broadcast satellite service, including
direct-to-home satellite service, or to receive or transmit fixed wireless
signals via satellite, and
(B) One meter or less in diameter or is located in Alaska;
(ii) An antenna that is:
(A) Used to receive video programming services via multipoint distribution
services, including multichannel multipoint distribution services,
instructional television fixed services, and local multipoint distribution
services, or to receive or transmit fixed wireless signals other than via
satellite, and
(B) That is one meter or less in diameter or diagonal measurement;
(iii) An antenna that is used to receive television broadcast signals; or
(iv) A mast supporting an antenna described in paragraphs (a)(1)(i),
(a)(1)(ii), or (a)(1)(iii) of this section; is prohibited to the extent it
so impairs, subject to paragraph (b) of this section.
(2) For purposes of this section, “fixed wireless signals” means any
commercial non-broadcast communications signals transmitted via wireless
technology to and/or from a fixed customer location. Fixed wireless signals
do not include, among other things, AM radio, FM radio, amateur (“HAM”)
radio, Citizen's Band (CB) radio, and Digital Audio Radio Service (DARS)
signals.
(3) For purposes of this section, a law, regulation, or restriction impairs
installation, maintenance, or use of an antenna if it:
(i) Unreasonably delays or prevents installation, maintenance, or use;
(ii) Unreasonably increases the cost of installation, maintenance, or use;
or
(iii) Precludes reception or transmission of an acceptable quality signal.
(4) Any fee or cost imposed on a user by a rule, law, regulation or
restriction must be reasonable in light of the cost of the equipment or
services and the rule, law, regulation or restriction's treatment of
comparable devices. No civil, criminal, administrative, or other legal
action of any kind shall be taken to enforce any restriction or regulation
prohibited by this section except pursuant to paragraph (d) or (e) of this
section. In addition, except with respect to restrictions pertaining to
safety and historic preservation as described in paragraph (b) of this
section, if a proceeding is initiated pursuant to paragraph (d) or (e) of
this section, the entity seeking to enforce the antenna restrictions in
question must suspend all enforcement efforts pending completion of review.
No attorney's fees shall be collected or assessed and no fine or other
penalties shall accrue against an antenna user while a proceeding is pending
to determine the validity of any restriction. If a ruling is issued adverse
to a user, the user shall be granted at least a 21-day grace period in which
to comply with the adverse ruling; and neither a fine nor a penalty may be
collected from the user if the user complies with the adverse ruling during
this grace period, unless the proponent of the restriction demonstrates, in
the same proceeding which resulted in the adverse ruling, that the user's
claim in the proceeding was frivolous.
(b) Any restriction otherwise prohibited by paragraph (a) of this section is
permitted if:
(1) It is necessary to accomplish a clearly defined, legitimate 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 and weight
and pose a similar or greater safety risk as these antennas and to which
local regulation would normally apply; or
(2) It is necessary to preserve a prehistoric or historic district, site,
building, structure or object included in, or eligible for inclusion on, the
National Register of Historic Places, as set forth in the National Historic
Preservation Act of 1966, as amended, 16 U.S.C. 470, 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 in paragraphs (b)(1) or (b)(2) of this
section.
(c) In the case of an antenna that is used to transmit fixed wireless
signals, the provisions of this section shall apply only if a label is
affixed to the antenna that:
(1) Provides adequate notice regarding potential radiofrequency safety
hazards, e.g., information regarding the safe minimum separation distance
required between users and transceiver antennas; and
(2) References the applicable FCC-adopted limits for radiofrequency exposure
specified in Sec. 1.1310 of this chapter.
(d) Local governments or associations may apply to the Commission for a
waiver of this section under Sec. 1.3 of this chapter. Waiver requests must
comply with the procedures in paragraphs (f) and (h) of this section and
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.
(e) Parties may petition the Commission for a declaratory ruling under Sec. 1.2
of this chapter, or a court of competent jurisdiction, to determine whether
a particular restriction is permissible or prohibited under this section.
Petitions to the Commission must comply with the procedures in paragraphs
(f) and (h) of this section and will be put on public notice. Any responsive
pleadings in a Commission proceeding 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 in a Commission proceeding must be served on all parties
and filed within 15 days thereafter.
(f) Copies of petitions for declaratory rulings and waivers must be served
on interested parties, including parties against whom the petitioner seeks
to enforce the restriction or parties whose restrictions the petitioner
seeks to prohibit. A certificate of service stating on whom the petition was
served must be filed with the petition. In addition, in a Commission
proceeding brought by an association or a local government, constructive
notice of the proceeding must be given to members of the association or to
the citizens under the local government's jurisdiction. In a court
proceeding brought by an association, an association must give constructive
notice of the proceeding to its members. Where constructive notice is
required, the petitioner or plaintiff must file with the Commission or the
court overseeing the proceeding a copy of the constructive notice with a
statement explaining where the notice was placed and why such placement was
reasonable.
(g) In any proceeding regarding the scope or interpretation of any provision
of this section, the burden of demonstrating that a particular governmental
or nongovernmental restriction complies with this section and does not
impair the installation, maintenance, or use of devices used for
over-the-air reception of video programming services or devices used to
receive or transmit fixed wireless signals shall be on the party that seeks
to impose or maintain the restriction.
(h) All allegations of fact contained in petitions and related pleadings
before the Commission must be supported by affidavit of a person or persons
with actual knowledge thereof. An original and two copies of all petitions
and pleadings should be addressed to the Secretary, Federal Communications
Commission, 445 12th Street, SW, Washington, DC 20554. Copies of the
petitions and related pleadings will be available for public inspection in
the Reference Information Center, Consumer and Governmental Affairs Bureau,
Federal Communications Commission, 445 12th Street, SW, Washington, DC
20554. Copies will be available for purchase from the Commission's contract
copy center, and the Commission decisions will be available on the Internet.
[ 66 FR 2333 , Jan. 11, 2001, as amended at 67 FR 13224 , Mar. 21, 2002]
Subpart T—Exempt Telecommunications Companies
Goto Section: 1.3004 | 1.5000
Goto Year: 2007 |
2009
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