The Commission has asked for further comment on whether additional rules should apply to situations where a viewer wants to install an antenna on property owned by a landlord or on common property controlled by a condominium or homeowners' association. This fact sheet provides general answers to questions that may arise about the implementation of the rule. The rule applies to state or local laws or regulations, including zoning, land-use or building regulations, private covenants, homeowners' association rules or similar restrictions on property within the exclusive use or control of the antenna user where the user has a direct or indirect ownership interest in the property. The rule does not prohibit safety restrictions or restrictions designed to preserve historic districts. A local restriction that prohibits all antennas would prevent subscribers from receiving signals, and is prohibited by the Commission's rule.
Procedural requirements can also impair the ability to receive service.
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 is needed to serve safety or historic preservation or a permit is required in the case of installation on a mast greater than 12 feet. 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. A requirement that an antenna be placed in a position where reception would be impossible or would be substantially degraded would conflict with the rule.