Satellites, Antennas and HDTV

 

When cable television ruled unchallenged-that is, in the 1980's-few families bothered installing antennas in or on their homes. Cable companies penetration in markets become so great that arrogance and price gouging became common place. If you wanted premium channels, you had little choice.

Dallas Morning News/Ariane Kadoch
© Dallas Morning News/Ariane Kadoch

In 1984, the FCC gave Hughes approval to construct a direct broadcast system (DBS) which became DirecTV in 1991. However, the technology (at that time) prevented the hundreds of local stations from being rebroadcast. Since DBS didn't include local channels, each house had to have its own antenna. A renaissance in rooftop antennas occurred. So many antennas were installed in the early 1990's that many neighborhood groups passed rules banning them forcing homeowners to put them in their attics (more on this below).

Not long ago, the only things sure to drive up antenna sales were rooftop-wrecking winds and ice storms. But now, advances in television technology and FCC mandated HDTV broadcasts are again causing a surge in antenna sales.  Every digital satellite system that is installed usually has a new antenna installed or rewiring their old one. 

The standard rooftop antenna is called a Yagi after the Japanese engineer who invented it in the 1920s. They are available in the familiar version available as well as "camouflaged" versions. Some versions look like a 2-by-4; other rod-shaped models can fit under a house's eaves. Terk Technologies has two models in New York's Museum of Modern Art. The redesigned antennas don't necessarily work any better than the old kind. 

A Yagi is a directional antenna. It must be aimed at the transmission tower. Thats good if all of the local stations are in one place, but that doesn't happen.

You can try to split-the-difference with aiming, but you usually end up with one or more "snowy" stations that deteriorate with bad weather. A resolution is to install a "rotor". Most antenna supply stores carry antenna rotors. These have a control box inside the home and a weatherproof motor on the antenna "mast". When you change the dial on the rotor control, the antenna moves to allow you to get the best reception for that channel. No matter what antenna you use, we strongly recommend installing a rotor. It won't add that much cost.

Buying an antenna is complicated. Unlike television sets and computers, antennas can't be tested in the store. Nor is there a reliable way to tell how powerful an antenna a customer needs. Distance from TV transmitters is a factor, of course. Closer in, however, hills and tall buildings in the path of a signal can reflect extra signals called "ghost" images onto the TV screens. 

Retailers also give mixed signals. A manager at a Dallas electronics store said rooftop antennas would be obsolete in a few years because they couldn't pick up digital signals. That is not correct. Older antennas pick up digital signals just as well as analog ones. 

If you have an existing antenna, and you are buying an new HDTV, we recommend that you try your existing antenna first. Don't allow yourself to be sold a new antenna just because you are getting a new HDTV. If you do need a new antenna, and you are not sure of what type to get, you can go to the Consumer Electronics Association's antenna selector link at www.antennaweb.org. You enter your address and it finds your geographical area and broadcasters and computes the size and type of antenna you need.

 

Homeowner groups never had authority to ban rooftop TV antennas. Radio and Television reception antennas on dwellings have been continuously regulated by the FCC (and it's predecessor the Federal Radio Commission). Any law, ordinance or homeowners association rule has always been preempted by FCC rules and regulations. Those rules have been continuously updated as broadcast technologies have changed

As directed by Congress in Section 207 of the Telecommunications Act of 1996, the Federal Communications Commission adopted the Over-the-Air Reception Devices Rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals from direct broadcast satellites ("DBS"), multichannel multipoint distribution (wireless cable) providers ("MMDS"), and television broadcast stations ("TVBS").

The rule is cited as 47 C.F.R. Section 1.4000 and has been in effect since October 14, 1996. It prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule applies to video antennas including direct-to-home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas. The rule prohibits most restrictions that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal.

Effective January 22, 1999, the Commission amended the rule so that it also applies to rental property where the renter has an exclusive use area, such as a balcony or patio.

On October 25, 2000, the Commission further amended the rule so that it applies to customer-end antennas that receive and transmit fixed wireless signals. This amendment became effective on May 25, 2001.

The rule applies to viewers who place antennas that meet size limitations on property that they own or rent and that is within their exclusive use or control, including condominium owners and cooperative owners, and tenants who have an area where they have exclusive use, such as a balcony or patio, in which to install the antenna. The rule applies to townhomes and manufactured homes, as well as to single family homes.

The rule allows local governments, community associations and landlords to enforce restrictions that do not impair the installation, maintenance or use of the types of antennas described above, as well as restrictions needed for safety or historic preservation. In addition, under some circumstances, the availability of a central or common antenna can be used by a community association or landlord to restrict the installation of individual antennas. In addition, the rule does not apply to common areas that are owned by a landlord, a community association, or jointly by condominium or cooperative owners. Such common areas may include the roof or exterior wall of a multiple dwelling unit. Therefore, restrictions on antennas installed in or on such common areas are enforceable.

Homeowner groups lose control of satellite dishes. While homeowner groups never had the authority to ban antenna's, there was no federal law or FCC rules covering DBS dishes and larger dishes. In early summer of 1996, the FCC began rewriting most of its regulations to comply with the federal Telecommunications Act of 1996, a wide-sweeping reform bill intended to introduce more competition in the telephone, cellular, cable and broadcast industries.

A decade earlier, the FCC adopted regulations that prohibited local governments from placing zoning restrictions on satellite dishes. But the 1986 change didn't have any effect on the restrictive covenants and rules adopted by many non-governmental community and homeowner associations.

Pursuant to the Telecommunications Act of 1996, Section 207, the FCC adopted 47 C.F.R 1.4000 which pre-empts local ordinances and "Homeowners Agreements" with regard to prohibitions on the mounting of antennas on dwellings. The person putting up the antenna must have "exclusive use" of the site such as a home or apartment. The homeowner's association or community may require no fees or permits with regard to the mounting of an antenna or dish. 

The only local prohibitions permitted are those involving health and safety and historic preservation. For example, mounting an antenna on a fire escape or placing it too close to a power line can be prohibited by ordinance. Rules based on esthetics aren't permitted. But if a signal can be received equally well from two different locations, a Homeowner's Association might specify one over the other. Nor can a homeowners association or municipality charge a fee for a "permit" to install an antenna or dish on a dwelling or assess fines for failing to do so. The FCC has already passed a preemptive order banning this activity. See Meade, Kansas vs Cable Service Bureau (July, 1997) at www.fcc.gov.

Note: Ordinances can only be adopted by local municipalities which are elected officials of a local government-not a homeowners group! If you are confronted with a homeowners association rule or a local ordinance, a petition must be filed with the FCC along with copies of the rule or ordinance. Once that petition is on public notice, it's unlikely that a fine or other action can be levied against you. In fact, the reverse may be true. In addition, a consultation with an attorney who specializes in communications law is advised to address any damages or losses you may have incurred.

If you wish to file a complaint pursuant to the FCC's Over-the-Air Reception Devices Rule (47 CFR Section 1.4000), you must file an original and two copies of your Petition to the following address:

Office of the Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
Attn: Media Bureau

 

A warning from us, your power company, antenna and dish companies:  

DO NOT EVEN THINK ABOUT INSTALLING OR ADJUSTING A DISH OR ANY ANTENNA IMMEDIATELY BEFORE, DURING OR AFTER A THUNDER STORM. YOU WILL GET KILLED OR INJURED BY LIGHTNING !

WATCH WHERE YOU PUT YOUR LADDER ! Thousands die or are injured every year by carrying a ladder and having the top come in contact with power lines.

If you don't see bright sunlight, stay away from your dish or antenna !

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