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In Reply to: silly antenna mounting question posted by fournier on November 1, 2006 at 20:54:29:
If you live in the United States, there have been a multitude of court cases regarding the issue of whether or not you can legally mount a TV antenna and/or a dish less than one meter in diameter on your roof.The 1994 Telecom Act passed by Congress gives you the right to erect several different external antennas, in ANY situation, EXCEPT:
1. You live in a historically-designated home or neighborhood, and/or
2. You do not own your roof - This applies to most condo owners as the homeowners association is responsible for re-roofing the roof of your condo when it wears out and they can legally prevent you from putting up an antenna.
Otherwise, if you don't live in a historic home/neighborhood AND you own the roof over your dwelling AND are responsible for its maintenance and upkeep, Federal law trumps state and local laws and you are legally entitled to erect a TV antenna (remember, FM is broadcast between channels 6 and 7, so an FM antenna is a TV antenna), a 1 meter or smaller dish, an antenna for wireless broadband reception, an antenna for your wireless alarm system, and you can even legally erect a HAM radio antenna.
Now, you may have to hire an attorney to fight anal HOA's, but you have court precedents and FCC rulings on your side (you can google and find successful rulings on the FCC web site), you will ultimately prevail, and you can also sue to recover your legal expenses if the HOA keeps pushing you. Many HOA's are aware of the FCC rule, but they try to ignore it and some will even spend HOA dues on legal fees to fight you in an effort to keep you from putting up an antenna. Most do it because in many cases, the individual who wants to put up the antenna will give up and not bother to hire an attorney to fight the HOA. But once you hire an attorney who knows the law and can provide the court precedents and FCC rulings to the HOA's attorney, the HOA usually, but not always drops it.
This is when things generally get nasty and if you continue to fight for your legal right to erect an antenna, from a practical standpoint, you will be living under the microscope of the HOA from this point on and they will look for every opportunity to catch you in some violation of their rules.
Good luck.
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Follow Ups
- You Can Legally Erect an Antenna [Was: Re: silly antenna mounting question] - Vinyl Rules! 12:52:21 11/05/06 (0)
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