Goto Section: 1.3004 | 1.5000 | Table of Contents
FCC 1.4000
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 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 § 1.1310 of this chapter.
(d) Local governments or associations may apply to the Commission for a
waiver of this section under § 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
§ 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]
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Subpart T—[Reserved]
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Subpart U—[Reserved]
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Subpart V—Implementation of Section 706 of the Telecommunications Act of
1996; Commission Collection of Advanced Telecommunications Capability Data
Source: 65 FR 19684 , Apr. 12, 2000; 65 FR 24654 , Apr. 27, 2000, unless
otherwise noted.
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Goto Section: 1.3004 | 1.5000
Goto Year: 2011 |
2013
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