NEW FCC SATELLITE RULES MORE FAVORABLE TO ASSOCIATIONS

1) In the language of the rules which permit restrictions that have a safety objective, the FCC added the language "legitimate safety objective." This was a victory for associations because the FCC had been considering a much more stringent standard.

2) The FCC clarified that non-governmental agencies, such as homeowners associations, are entitled to pass and to enforce safety restrictions involving the installation and use of satellite dishes or antennas. This was in response to telecommunication providers' attempt to invalidate all safety restrictions imposed by association boards.

3) In a partial reversal of the FCC's former invalidation of all permit rules and procedures, the FCC now will permit an association to require permits when there is a legitimate safety or historic preservation objective.

4) Since the satellite rules came into effect in 1996, associations have struggled to deal with the FCC's invalidation of fees or costs assessed against owners. It seemed that no fees imposed would be considered reasonable. The FCC now has established a standard by which to judge whether a fee is reasonable. The FCC stated that a permit fee would continue to be invalid, but as to other costs and expenses, the determination of reasonableness would be based upon the cost of the equipment or services installed by the homeowner and the treatment by the association of comparable devices. Whether this will offer any practical guidance to associations remains to be seen.

5) The FCC expressly affirmed the right of associations to impose reasonable painting requirements so long as they do not impair reception.

6) The FCC now prohibits associations from imposing fines or penalties, or attorneys' fees against a homeowner for violating its covenants or rules and regulations pertaining to satellite dishes or antennas, until 21 days after the FCC or court has upheld the validity of the restriction, in order to give the homeowner an opportunity to comply. If the owner comes into compliance during the 21-day period, then the association cannot recover fines, penalties or attorneys' fees. If a restriction has been upheld in the past, the grace period does not apply.

7) The FCC has ruled that associations may mandate the location of antennas and dishes provided that the antenna is capable of receiving "acceptable quality signals" from that location. This concession now will permit associations to choose the best locations for dishes and antennas.

8) The FCC clarified various procedures and requirements for seeking a declaratory judgment regarding the validity of an association's rules and it clarified its historical preservation exemption.

9) The FCC has formally ruled that a tenant who has a landlord's permission to install an antenna, has the same rights as the owner to install a dish or antenna.

10) The FCC has made it clear that condominium unit owners may install dishes on balconies and patios where they have exclusive right of possession or use even if the declaration does not define them as limited common elements.

11) In a major victory for associations, the FCC has enacted a new rule allowing associations to prohibit installation of individual antennas when the association installs a central antenna. In order to avail itself of this rule, the association must provide the same service or provider as the owner would have chosen with an individual antenna; provide signal quality at least as good as what would be received by an individual antenna; the cost for installation, use and maintenance of the central antenna to the individual resident must not exceed the cost of an individual antenna; and the central antenna requirement must not unreasonably delay reception of video programming. The association must reimburse an owner if it requires the removal of an existing dish or antenna in favor of a central antenna.