CONDO RESIDENTS WIN DECLARATORY RULING TO KEEP TV ANTENNA
In an October 30th ruling, the FCC granted Constance and Daniel Lane of Palantine, Illinois a Declaratory Ruling permitting them to put up a rooftop TV antenna. This, after the board of their homeowners association told them they could not do so.
Constance and Daniel Lane had installed a television antenna on the roof of their town-home. In their petition to the FCC they had sated that they own the deeded town-home with exclusive use of their roof .
Their homeowners association does not dispute this assertion. However, the association’s rules require that antennas must be installed in the attic of a town-home and any deviation from this requirement must be approved by the Board of Directors.
But an exception in this rule exists where an owner cannot get an usable signal with an antenna in the attic. The Lane's allege that they cannot get an acceptable quality air signal in their attic and that therefore they have installed a roof mounted antenna.
In their petition to the FCC the Lane's stated that the Association was imposing continuing fines with respect to this installation. Because of this they requested the Commission to prohibit the association from enforcing its rule. The homeowners association was aware that the Lanes had taken the matter to the FCC but never filed any response.
In granting the Lane's petition the FCC weighed heavily on its own Over-the-Air Reception Devices Rule. This is the 1996 law which prohibits governmental and private restrictions that impair the ability of antenna users to install, maintain, or use over-the-air reception devices. It applies to satellite antennas that are one meter or less in diameter and, as in the Lane's case, to antennas designed to receive over the air television broadcast signals.
In granting the Lane's the request the FCC noted that by declining to oppose the petition, the homeowners association has failed to carry its burden. It therefore concluded that the Lane's antenna installation on their roof is permissible under the Commission’s Rule as well as the homeowners association’s rules.
Its unknown if the homeowners association plans to file an appeal.
(Source: FCC)
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