US Federal OTARD Rule: 47 C.F.R. 1.4000 Antenna Rules

What the law covers

Under 47 C.F.R. 1.4000, restrictions on property within the exclusive use or control of an antenna user (where the user has a direct or indirect ownership or leasehold interest) are prohibited if they impair certain antennas or masts. Covered equipment includes:

• Antennas one meter or less in diameter used to receive direct broadcast satellite service (including direct-to-home satellite service) or to receive/transmit fixed wireless signals via satellite (including antennas in Alaska of any size).
• Antennas one meter or less in diameter or diagonal measurement used to receive video programming via multipoint distribution services or fixed wireless signals other than via satellite.
• Antennas used to receive television broadcast signals.
• Masts supporting any covered antennas.

Note that an association's governing documents and later amendments may also apply.

Key requirements and limits

A rule, covenant, lease provision, or law impairs an antenna if it:

1. Unreasonably delays or prevents installation, maintenance, or use;
2. Unreasonably increases the cost of installation, maintenance, or use; or
3. Precludes reception or transmission of an acceptable quality signal.

Any fees or costs imposed on a user must be reasonable in light of equipment costs and treatment of comparable devices. Restrictions are allowed only if they are no more burdensome than necessary and satisfy one of two exceptions:

• Safety: Necessary to accomplish a clearly defined, legitimate safety objective stated in the restriction's text/preamble or a readily available document, applied in a non-discriminatory manner to comparable appurtenances.
• Historic Preservation: Necessary to preserve a historic district, site, building, structure, or object listed in or eligible for the National Register of Historic Places (under the National Historic Preservation Act of 1966, 16 U.S.C. 470), imposing no greater restrictions than on other comparable modern fixtures.

Notice, hearing and deadlines

Legal action to enforce a prohibited restriction is barred except through Commission petitions or court proceedings. Key procedural rules and deadlines include:

• Suspension of Enforcement: Pending review, enforcement efforts must be suspended (except for safety or historic preservation restrictions). No attorney's fees may be collected, and no fines or penalties accrue while a proceeding is pending.
• Grace Period: If a ruling is adverse to the user, the user must be granted at least a 21-day grace period to comply before fines or penalties can be collected (unless the user's claim is proven frivolous in the same proceeding).
• Pleadings Deadlines: Responsive pleadings to Commission waiver or declaratory ruling petitions must be served and filed within 30 days after release of public notice. Replies must be filed within 15 days thereafter.
• Notice Requirements: Associations bringing court or Commission proceedings must provide constructive notice to their members and explain to the court or Commission where and why the notice was placed.
• Burden of Proof: The party seeking to impose or maintain the restriction carries the burden of proving compliance with this section.

Practical checklist for homeowners

• Read your governing documents and any published rules regarding antennas or external fixtures.
• Keep copies of all written notices, communications, and records regarding your antenna installation.
• Check the official text of 47 C.F.R. 1.4000 for periodic updates or amendments.
• Maintain documentation of equipment specifications, costs, and signal quality if an issue arises.