Q: What is an unreasonable additional cost to install, maintain or use an
antenna?
A: Any requirement to pay a fee to the local authority in order to be allowed
to install an antenna would be unreasonable, unless it is a permit fee that 
s
needed to serve safety or historic preservation or a permit is required in 
he
case of installation on a mast greater than 12 feet. Things to consider in
determining the reasonableness of any costs imposed include: the cost of the
equipment and services, whether there are similar requirements for other
similar installations like air conditioning units or trash receptacles, and
what visual impact the antenna has on the surroundings. Restrictions cannot
require that relatively unobtrusive DBS antennas be screened by expensive
landscaping. A requirement to paint an antenna in a fashion that will not
interfere with reception so that it blends into the background against which 
it
is mounted would likely be acceptable. In general, the costs imposed by local
regulations cannot be unreasonable in light of the cost of the equipment or
services and the visual impact of the antenna.
Q: What restrictions prevent a subscriber from receiving an acceptable 
uality
signal?
A: A requirement that an antenna be placed in a position where reception 
ould
be impossible or would be substantially degraded would conflict with the 
ule.
However, a regulation requiring that antennas be placed to the extent 
easible
in locations that are not visible from the street would be permitted, if this
placement would still permit reception of an acceptable quality signal.
Q: Are all restrictions prohibited?
A: No, many restrictions are still valid. Safety restrictions are permitted
even if they impair reception, because local governments bear primary
responsibility for protecting public safety. Examples of valid safety
restrictions include fire codes preventing people from installing antennas on
fire escapes, restrictions requiring that a person not place an antenna 
ithin
a certain distance from a power line, electrical code requirements to 
roperly
ground the antenna, and installation requirements that describe the proper
method to secure an antenna. The safety reason for the restriction must be
written in the text, preamble or legislative history of the restriction, or 
n
a document that is readily available to antenna users, so that a person 
wanting
to install an antenna knows what restrictions apply. The restriction cannot
impose a more burdensome requirement than is needed to ensure safety.
Restrictions in historic areas may also be valid. Because certain areas are
considered uniquely historical and strive to maintain the historical nature 
f
their community, these areas are excepted from the rule. To qualify as an
exempt area the area must be listed or eligible for listing in the National
Register of Historic Places. In addition, the area cannot restrict antennas 
f
such a restriction would not be applied to the extent practicable in a
non-discriminatory manner to other other modern structures that are 
omparable
in size, weight and appearance and to which local regulation would normally
apply. Valid historical areas cannot impose a more burdensome requirement 
han
is needed to ensure the historic preservation goal.
Q: Whose restrictions are prohibited?
A: Restrictions are prohibited in state or local laws or regulations, 
including
zoning, land-use or building regulations, private covenants, homeowners'
association rules or similar restrictions relating to what people can do on
land within their exclusive use or control where they have a direct or 
indirect
ownership interest in the property.
Q: If I live in a condominium where the land and the roof are commonly owned,
or in an apartment building where the landlord owns the land and the roof, 
does
this rule apply to me?
A: A Further Notice of Proposed Rulemaking has been adopted by the 
ommission,
to obtain comments from interested persons about whether rules should apply 
n
these situations. The Commission will use those comments to reach a decision 
on
this question.
Q: What types of antennas are covered?
1.A "dishA" antenna that is one meter (39") or less in diameter or is located
in Alaska and is designed to receive direct broadcast satellite service,
including direct-to-home satellite service.
2.An antenna that is one meter or less in diameter or diagonal measurement 
nd
is designed to receive video programming services via MMDS (wireless cable).
Such antennas may be mounted on "masts" to reach the height needed to 
establish
line-of-sight contact with the transmitter. Masts higher than 12 feet may be
subject to local permitting requirements.
3.An antenna that is designed to receive television broadcast signals. Masts
higher than 12 feet may be subject to local permitting requirements.
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