FCC PERMITS OWNER TO MAINTAIN MULTIPLE ANTENNAS
The Federal Communication Commission (FCC) recently ruled that a homeowner association can not impose an arbitrary limit on the number of antennas a homeowner may install. In The Matter of Stanley and Vera Holliday, the owners installed five antennas and three satellite dishes on a structure consisting of six masts, secured by guy wires, in the rear of their lot. Five of the masts were 30 feet in height and were even with the owner’s roofline and one mast was ten feet in height. The antennas provided reception for ten television sets, nine video cassette recorders, and seven satellite receivers.
The association had previously filed suit in a state court, seeking to remove the devices on the grounds that the owners had failed to obtain prior approval for the installation of the antennas. The structure would not have been approved since the association's unwritten policy was that each owner was allowed only one satellite dish and one television antenna that extended no more than 12 feet above the roof line. The state court suit was suspended when the owners filed a petition with the FCC, seeking a determination that the association's restrictions of these devices were prohibited by the FCC’s Over-the-Air Reception Devices Rule.
The FCC found that the association’s prior approval restrictions were invalid. It also ruled that the limit on the number and height of antennas and satellite dishes was prohibited, since it was arbitrary, and not justified by legitimate safety or historic preservation considerations. In rejecting the Association’s limit on the number of devices, the FCC ruled that a viewer may install as many antennas as necessary to receive all available video programming in the viewing area, provided the equipment is not duplicative.