No Antennas allowed in this Neighborhood you have to take it down!!!

[gary350]

Someone once gave me a link to a Federal Law that makes it illegal for anyone to prevent you from putting up a TV antenna. I need that link please. If I can not prove I have the legal right to have a TV antenna then I have to take it down.

 

[Fringe Reception]

Gary,

Try this link: FCC Fact Sheet on Placement of Antennas

Jim

PS If they don't believe its size, tell them to go up and measure it!

 

[FOX TV]

Someone once gave me a link to a Federal Law that makes it illegal for anyone to prevent you from putting up a TV antenna. I need that link please. If I can not prove I have the legal right to have a TV antenna then I have to take it down.

Here is the link to the FCC page that outlines YOUR FEDERAL RIGHTS in terms of antenna placement. Print the text of the law and mail it to your Home Owners Association, and leave your antenna in place.This method has been used in the past by some Amateur Radio Operators in the past with much success. Have a copy of it available at home when they finally come knocking on your door, and vow to fight it in court if needed. They will normally back down when this approach is used. Sorry Jim, I did not notice that you posted the very same link...

FCC Fact Sheet on Placement of Antennas

 

[ProjectSHO89]

Ironically, the OTARD rule doesn't apply to amateur radio antennas...

 

[gary350]

Ironically, the OTARD rule doesn't apply to amateur radio antennas...

I don't have a problem with that. 22+ yeas ago there was a guy that lived 2 blocks from me he put up an anateur radio antenna and jammed every TV within 5 block of his house. Everyone was fighting mad. I could not watch antenna TV anymore so I was forced to get cable TV. That was the first time I every had cable. Even with cable TV all I could receive was that guys amature radio the guy talked none stop from the time he got home from work about 3:45 pm to 11 pm every night. He was a nice guy several people had a talk with him but he insisted it was his legal right to talk on his radio. About 2 months later one morning on my way to work I had to drive around the twisted wreckage of his amateur radio antenna laying in the middle of the street. Someone pulled it down in the middle of the night. He put it back up and 2 days later it was in the middle of the street again. About a month later he moved to a 5 acre lot 6 miles from town and that is where he still lives. He has several antennas these days I drove past his house last week. Putting up an antenna to receive is a whole different story compaired to antennas for transmitting.

 

[MrPogi]

It may help to find dishes on your neighbors homes and point them out to your HOA (God, I despise HOA's, "HEY, give us money and we'll tell you what you can't do on your land") Dishes and OTA antennas fall under the same rules.

These sort of restrictions were placed by HOA's with the help of cable companies - trying to stop satellite competition.

A: The rule applies to the following types of antennas:

(1) A "dish" antenna that is one meter (39.37") or less in diameter (or any size dish if located in Alaska) and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.

(2) An antenna that is one meter or less in diameter or diagonal measurement and is designed to receive video programming services via broadband radio service (wireless cable) or to receive or transmit fixed wireless signals other than via satellite.

(3) An antenna that is designed to receive local television broadcast signals. Masts higher than 12 feet above the roofline may be subject to local permitting requirements.

If I read this correctly, there seems to be no size restriction on OTA antennas (#3)?

also:

Q: Can a homeowners association or other restricting entity establish enforceable preferences for antenna locations?

A: For antennas designed to receive analog signals, such as TVBS, a requirement that an antenna be located where reception would be impossible or substantially degraded is prohibited by the rule. However, a regulation requiring that antennas be placed where they are not visible from the street would be permissible if this placement does not prevent reception of an acceptable quality signal or impose unreasonable expense or delay. For example, if installing an antenna in the rear of the house costs significantly more than installation on the side of the house, then such a requirement would be prohibited. If, however, installation in the rear of the house does not impose unreasonable expense or delay or preclude reception of an acceptable quality signal, then the restriction is permissible and the viewer must comply.

The acceptable quality signal standard is different for devices designed to receive digital signals, such as DBS antennas, digital broadband radio service antennas, digital television ("DTV") antennas, and digital fixed wireless antennas. For a digital antenna to receive or transmit an acceptable quality signal, the antenna must be installed where it has an unobstructed, direct view of the satellite or other device from which signals are received or to which signals are to be transmitted. Unlike analog antennas, digital antennas, even in the presence of sufficient over-the-air signal strength, will at times provide no picture or sound unless they are placed and oriented properly.

Q: Can a restriction limit the number of antennas that may be installed at a particular location?

The Commission’s rule covers the antennas necessary to receive service. Therefore, a local rule may not, for example, allow only one antenna if more than one antenna is necessary to receive the desired service.

So, if they want to push it, put up 27 antennas in various locations on your house. Then offer to take down all but the original!

Some of the case documents lised in this FCC Fact sheet make interesting reading. For example, this one may be of use as far as placement and "additional cost" is concerned: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1674A1.pdf

DON'T let them push you around, stand your ground, the law is on your side.

 

[MrPogi]

Jay, can we get a sticky on this?

FCC Fact Sheet on Placement of Antennas

 

[n2rj]

Ironically, the OTARD rule doesn't apply to amateur radio antennas...

But PRB-1 does.

 

[Me!]

But PRB-1 does.

But unfortunately not for condo's and townhouses (or I guess even single homes) covered by CC&R's (which is a form of private contract signed by the owner) if it has wording that explicitly prohibits transmitting antennas

 

[ProjectSHO89]

But PRB-1 does.

PRB-1 does not apply to CC&R situations, only to local zoning authorities.

 

[n2rj]

But unfortunately not for condo's and townhouses (or I guess even single homes) covered by CC&R's (which is a form of private contract signed by the owner) if it has wording that explicitly prohibits transmitting antennas

They are in fact working on an exemption from the CC&Rs. Some states already have laws in place that overrule covenants that ban antennas.

 

[n2rj]

PRB-1 does not apply to CC&R situations, only to local zoning authorities.

I never said that PRB-1 applies to CC&R situations and I am well aware that it doesn't.

However, some states have laws or are drafting laws that are modeled around PRB-1 and some of those laws go further by applying the law to CC&Rs.

Also, we WILL get over the CC&R issue eventually. I'm not saying that K3LR's contest superstation will pop up in your subdivision but maybe a small tribander on a small 40ft tower out in the back yard will be OK.

 

[n2rj]

Putting up an antenna to receive is a whole different story compaired to antennas for transmitting.

That is not really the case when it comes to the eyesore factor. In fact, many TV antennas are bigger eyesores than ham antennas due to the fact that they are dilapidated.

 

[MrPogi]

That is not really the case when it comes to the eyesore factor. In fact, many TV antennas are bigger eyesores than ham antennas due to the fact that they are dilapidated.

The fact that they are dilapidated means they probably aren't being used - in which case a HOA could (most likely) do something about it.

 

[n2rj]

The fact that they are dilapidated means they probably aren't being used - in which case a HOA could (most likely) do something about it.

OTARD says that the rule applies to:

(3) An antenna that is designed to receive local television broadcast signals.


They did not say that the antenna has to be in use, connected to a TV set or even connected to anything for that matter.

 

[MrPogi]

Thanks for that clarification, Ryan. So, really, Gary350 could put up a bunch of antennas (connected to nothing), ALL in compliance with OTARD, and then offer to remove all but the original... I bet the HOA would go for that deal!