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Marsha411JD, Lawyer
Category: Real Estate Law
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Experience:  Licensed Attorney with 29 yrs. experience with Real Estate
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I understand that the FCC wont allow an association to ask

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I understand that the FCC won't allow an association to ask an owner to remove a dish, but can it ask them to move it if it doesn't meet the criteria of 47 CFR 1.4000 (3) ?

Thank you for your question. The criteria in subsection (a) (3) is what the Association cannot do. That is that they cannot create a "... regulation, or restriction impairs installation, maintenance, or use of an antenna if it: (i) Unreasonably delays or prevents installation, maintenance, or use; (ii) Unreasonably increases the cost of installation, maintenance, or use; or (iii) Precludes reception or transmission of an acceptable quality signal."

However, even if a restriction technically violates any of the provisions of Section (a) (all the subsections), it is permissible if it complies with subsection (b), which I have set out below.

(b) Any restriction otherwise prohibited by paragraph (a) of this section is permitted if: (1) It is necessary to accomplish a clearly defined, legitimate safety objective that is either stated in the text, preamble, or legislative history of the restriction or described as applying to that restriction in a document that is readily available to antenna users, and would be applied to the extent practicable in a non-discriminatory manner to other appurtenances, devices, or fixtures that are comparable in size and weight and pose a similar or greater safety risk as these antennas and to which local regulation would normally apply; or (2) It is necessary to preserve a prehistoric or historic district, site, building, structure or object included in, or eligible for inclusion on, the National Register of Historic Places, as set forth in the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470, and imposes no greater restrictions on antennas covered by this rule than are imposed on the installation, maintenance, or use of other modern appurtenances, devices, or fixtures that are comparable in size, weight, and appearance to these antennas; and (3) It is no more burdensome to affected antenna users than is necessary to achieve the objectives described in paragraphs (b)(1) or (b)(2) of this section.
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