The Over-the-Air Reception Devices Rule (OTARD): Protecting Antenna Installation Rights

The Over-the-Air Reception Devices (OTARD) rule, enforced by the Federal Communications Commission (FCC), safeguards the rights of property owners and tenants to install, maintain, or use antennas for receiving video programming signals. The rule applies to both governmental and nongovernmental restrictions on the installation, maintenance, or use of antennas for receiving signals from direct broadcast satellites (DBS), broadband radio service providers, and television broadcast stations.

Scope of the OTARD Rule

The OTARD rule covers a wide range of antennas used for receiving video programming signals. The following types of antennas fall under the purview of the rule:

• Satellite dishes: Dish antennas that are one meter (39.37 inches) or less in diameter, or any size dish if located in Alaska, and are designed to receive direct broadcast satellite service, including direct-to-home satellite service.
• Broadband radio service antennas: Antennas that are one meter or less in diameter or diagonal measurement and are designed to receive video programming services via wireless cable or to receive or transmit fixed wireless signals other than via satellite.
• TV antennas: Antennas designed to receive local television broadcast signals.

Prohibited Restrictions

The OTARD rule prohibits restrictions that unreasonably delay or prevent the installation, maintenance, or use of covered antennas. It also prohibits restrictions that unreasonably increase the cost of installation, maintenance, or use, as well as restrictions that preclude the reception of an acceptable quality signal. Property owners or tenants have the right to install and use antennas within areas under their exclusive use or control.

Exceptions and Permissible Restrictions

While the OTARD rule protects antenna installation rights, there are certain exceptions and permissible restrictions:

1. Safety and Preservation: Restrictions necessary for safety or historic preservation purposes are permissible. Local governments, community associations, and landlords can enforce restrictions that do not impair the installation, maintenance, or use of covered antennas. Safety restrictions may include requirements for secure fastening of antennas to prevent dislodging during adverse weather conditions.

2. Common Areas: Antennas installed in common areas that are not within the exclusive use area of the antenna user may be subject to restrictions imposed by landlords, community associations, or local governments. However, the signal quality from the central antenna must be comparable to that of individually-owned antennas, and the costs associated with using the central antenna should not exceed the costs of an individually-owned antenna or dish.

Conclusion

The OTARD rule ensures that property owners and tenants have the right to install, maintain, and use antennas for receiving video programming signals. The rule covers various types of antennas, including satellite dishes, broadband radio service antennas, and TV antennas. It prohibits unreasonable restrictions that impede antenna installation or increase associated costs. Exceptions exist for safety and historic preservation purposes, and restrictions on antennas in common areas may be enforced if they do not hinder installation, maintenance, or use. The OTARD rule promotes access to diverse programming and supports individuals’ rights to receive and transmit wireless signals.

Sources:

1. “FCC Regulations for Satellite Dishes: What You Need to Know” – Spectrum Association Management
2. “Over-the-Air Reception Devices Rule” – Federal Communications Commission
3. “Installing Consumer-Owned Antennas and Satellite Dishes” – Federal Communications Commission

FAQs

What is the purpose of the OTARD rule?

The OTARD rule, or Over-the-Air Reception Devices Rule, protects the rights of property owners or tenants to install, maintain, or use antennas for receiving video programming from direct broadcast satellites, broadband radio services, and television broadcast stations within their exclusive use areas.

What types of antennas are covered under the OTARD rule?

The OTARD rule covers various types of antennas, including:

• Satellite dishes: Dish antennas one meter or less in diameter (or any size dish if located in Alaska) designed to receive direct broadcast satellite service.
• Broadband radio service antennas: Antennas one meter or less in diameter designed to receive video programming services via wireless cable or to receive or transmit fixed wireless signals other than via satellite.
• TV antennas: Antennas designed to receive local television broadcast signals.

What restrictions does the OTARD rule prohibit?

The OTARD rule prohibits restrictions that unreasonably delay or prevent the installation, maintenance, or use of covered antennas. It also prohibits restrictions that unreasonably increase the cost of installation, maintenance, or use, as well as restrictions that preclude the reception of an acceptable quality signal.

Are there any exceptions to the OTARD rule?

Yes, the OTARD rule allows for certain exceptions. Restrictions necessary for safety or historic preservation purposes are permissible. Local governments, community associations, and landlords can enforce restrictions that do not impair the installation, maintenance, or use of covered antennas. Additionally, restrictions on antennas installed in common areas that are not within the exclusive use area of the antenna user are enforceable.

Can local governments or community associations enforce restrictions on antenna installation?

Local governments and community associations can enforce restrictions on antenna installation as long as those restrictions do not unreasonably delay or prevent the installation, maintenance, or use of covered antennas. Safety and historic preservation requirements are permissible.

Can landlords restrict antenna installation?

Landlords can enforce restrictions on antenna installation as long as those restrictions do not unreasonably delay or prevent the installation, maintenance, or use of covered antennas. However, restrictions on antennas installed in common areas that are not within the exclusive use area of the antenna user are enforceable.

Can the OTARD rule be applied to antennas used for fixed wireless signals?

Yes, the OTARD rule also applies to certain customer antennas that receive and transmit fixed wireless signals. These antennas are covered under the rule.

How does the OTARD rule benefit consumers?

The OTARD rule promotes consumer access to a wide range of programming by protecting their rights to install and use antennas for receiving video programming signals. It ensures that property owners and tenants have the freedom to receive signals from direct broadcast satellites, broadband radio services, and television broadcast stations within their exclusive use areas.