In August of 1996, the FCC adopted a rule which preempts state and local regulation of these devices. The rule is in two parts and is described below. The first part covers satellite dish antennae that are one meter or less in diameter, MMDS antennae that are one meter or less in diameter, and all television antennae. The rule includes certain exceptions to the general prohibition on restrictions.
Many restrictions are still valid.
A requirement that an antenna be placed in a position where a reception would be impossible or would be substantially degraded would conflict with the rule. However, a regulation requiring that antennas be placed to the extent feasible in locations that are not visible from the street would be permitted, if this placement would still permit reception of an acceptable quality signal. 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 within a certain distance from a power line, electrical code requirements to properly 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 in a document that is readily available to antenna users, so that a person wanting to install an antenna knows what restrictions apply.