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Originally Posted by leeohana
Do most communities allow satellite dishes? Here in CA most homes have satellite dishes....not sure if it's a norm out there...
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In 1996, the Federal Communications Commission (FCC) adopted rules for Over-the-Air-Reception Devices (“OTARD” rules).
Federal rules prohibit restrictions on a property owner or tenant’s right to install, maintain, or use an antenna to receive video programming from direct broadcast satellites (DBS), broadband radio services (formerly referred to as multichannel multipoint distribution services or MMDS), and television broadcast stations (TVBS). However, there are exceptions to the OTARD rules, including provisions for safety and preservation of historic areas.
The following antennas or dishes are covered by these rules:
A "dish" antenna one meter (39.37 inches) or less in diameter (or any size dish if located in Alaska), designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.
An antenna that is one meter or less in diameter 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.
An antenna that is designed to receive local television broadcast signals.
Antennas used for AM/FM radio, amateur (“Ham”) radio, CB radio, Digital Audio Radio Services (“DARS”), or antennas used as part of a hub to relay signals among multiple locations are not covered by these rules.
Under the Federal rules, an owner or a tenant has the right to install an antenna (that meets size limitations) on property that he owns or over which he has exclusive use or control. This includes single family homes, condominiums, cooperatives, townhomes, and manufactured homes. In the case of condominiums, cooperatives, and rental properties, the rules apply to “exclusive use” areas, like terraces, balconies, or patios. “Exclusive use” means an area of the property that only you and people you permit may enter and use. If the area is shared with others or accessible without your permission, it is not considered.
FCC rules do not apply to common areas that are owned by a landlord, a community association, or jointly by condominium owners. These common areas may include the roof or exterior walls of a multiple dwelling unit. Under certain conditions, if a common antenna is available for use by residents, then the community association or landlord may reject or not permit the installation of an individually- owned antenna or satellite dish, provided the service and costs are the same.
Restrictions necessary to prevent damage to leased property are permissible, as long as the restrictions are reasonable. For example, a lease restriction that forbids tenants from drilling holes through exterior walls or through the roof is likely to be permissible.
An association, landlord, or local government may impose certain restrictions when safety is a concern or where a historic site is involved. An example of a safety restriction would be installing an antenna on a fire escape. Safety restrictions must be narrowly written so that they are no more burdensome than necessary to address a legitimate safety purpose.
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