Q: Who is responsible for showing that a restriction is enforceable?
A: When a conflict arises about whether a restriction is valid, the
overnment
or association trying to enforce the restriction will be responsible for
proving that the restriction is valid. This means that no matter who
uestions
the validity of the restriction, the burden will always be on the local
government or association to prove that the restriction is permitted under
he
rule or that it qualifies for a waiver.
Q: Who do I call if my town or neighborhood association is enforcing an
invalid
restriction?
A: Call the Federal Communications Commission at (202) 418-0163. Some
assistance may also be available from the direct broadcast satellite company,
multichannel multipoint distribution service or television broadcast station
whose service is desired.
- FCC -
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* Origin: The Ether Net Amateur Radio BBS (1:3821/7)
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