Declaratory Statute Clears Way For Apartment Proprietor To Use Outside Antenna

You are here: Home Page » RF » Declaratory statute clears way for apartment proprietor to use outside receiver

Nov 18, 2010 11:20 AM

The FCC Media Bureau told a Nashville, TN, proprietor Nov. 5 that his condominium's homeowner society manners prohibiting him from installing an receiver disregarded protections beneath the commission's Over-the-Air Reception Rule open space the way for him to use an outside antenna.

The resident, Craig Wirth, filed a request in January with the FCC looking the statute after his condominium homeowners society objected to his designation of an outside antenna. In arising the declaratory ruling, the Media Bureau found the receiver restrictions of Westchester LLC Condominium Homeowners Association in Nashville "were impermissible."

According to the association's bylaws: "No extraneous radio, television, microwave, or other antennae or antennae plate or vigilance takeover of placement device shall be available outside any Unit." In its ruling, the Media Bureau mentioned since the society order is "an complete anathema on particular antennas," it impairs the designation and use of an receiver "and thus is void and unenforceable."

A indicate of disagreement was where Wirth commissioned the antenna, especially on his porch. The FCC order exclusive such prohibitions on receiver designation exempts areas outside exclusive use or manage of a homeowner or renter. In responding to Wirth's petition, the homeowners society contended the porch was beneath his exclusive use and control.

After examining the diction of the chief deed, the business found the homeowners society did not uncover that the porch is not an area inside of the exclusive use and manage of Wirth.