In article
,
Kurt Ullman wrote:

In article
,
Smitty Two wrote:

In article
,
RickH wrote:

On Dec 3, 7:05*pm, Red Green wrote:
Decorated Veteran, 90, Fights to Raise Flag in His Yard

http://www.foxnews.com/story/0,2933,579147,00.html

Your right to put up a TV antenna is protected, but your right to fly
the flag is not.

Where is your right to put up a TV antenna protected? I know quite a few
places where you have no such right. I'd wager that few HOAs allow them.

As directed by Congress in Section 207 of the Telecommunications Act of
1996, the Federal Communications Commission adopted the Over-the-Air
Reception Devices (³OTARD²) rule concerning governmental and
nongovernmental restrictions on viewers' ability to receive video
programming signals from direct broadcast satellites ("DBS"), broadband
radio service providers (formerly multichannel multipoint distribution
service or MMDS), and television broadcast stations ("TVBS").
The rule (47 C.F.R. Section 1.4000) has been in effect since October
1996, and it prohibits restrictions that impair the installation,
maintenance or use of antennas used to receive video programming. The
rule applies to video antennas including direct-to-home satellite dishes
that are less than one meter (39.37") in diameter (or of any size in
Alaska), TV antennas, and wireless cable antennas. The rule prohibits
most restrictions that: (1) unreasonably delay or prevent installation,
maintenance or use; (2) unreasonably increase the cost of installation,
maintenance or use; or (3) preclude reception of an acceptable quality
signal.
Effective January 22, 1999, the Commission amended the rule so that it
also applies to rental property where the renter has an exclusive use
area, such as a balcony or patio.
On October 25, 2000, the Commission further amended the rule so that it
applies to customer-end antennas that receive and transmit fixed
wireless signals. This amendment became effective on May 25, 2001.

The rule allows local governments, community associations and landlords
to enforce restrictions that do not impair the installation, maintenance
or use of the types of antennas described above, as well as restrictions
needed for safety or historic preservation. Under some circumstances
where a central or common antenna is available,* a community association
or landlord* may restrict the installation of individual antennas. The
rule does not apply to common areas that are owned by a landlord, a
community association, or jointly by condominium or cooperative owners
where the antenna user does not have an exclusive use area. Such common
areas may include the roof or exterior wall of a multiple dwelling unit.
Therefore, restrictions on antennas installed in or on such common areas
are enforceable.
IIRC CB & Ham antennas may be included although I think that was via
Court case that said the FCC had pre-empted local regulation of that. I
am vague on this one any more, though.

I'll be damned. Well, around here you need a 30 ft. rooftop pop-up to
pull in anything but one local station, so I still imagine that would
keep anyone in a condo or apartment from putting one up.