Can condo rules bar outdoor OTA antenna installation?
Should a homeowners association be allowed to prevent someone from installing an outdoor antenna to receive over-the-air television in light of existing FCC rules?
That’s the issue before the Federal Communications Commission Media Bureau as it considers a Petition for Declaratory Ruling from an individual in Nashville. Craig Wirth filed the petition asking the commission to determine if the Nashville Westchester LLC Condominium Homeowners Association’s rule prohibiting installation of an antenna is preempted by Section 1400 of the commission’s rules.
On Jan. 28, the Media Bureau released a public notice seeking comment on the petition. Permit-but-disclose rules will be used in the proceeding. Comments are due March 1. Reply comments are due March 16.