That's exactly what i did yesterday! A Petition has been mailed to the FCC yesterday with the original and 2 copy's and 1 copy mailed to the landlord. Both letters mailed certified mail receipt/return receipt.. The FCC agent told me after explaining my situation! "I have the right to have a satellite dish but not bolted to building surfaces" The female agent asked for my address, phone number and email. The below information was sent to me by email right after the call..
"You are receiving this email in response to your inquiry to the FCC.
Interested parties may file either a Petition for Declaratory Ruling or a Petition for Waiver pursuant to the Commission's Over-the-Air Reception Devices (OTARD).
Petitions for declaratory rulings and waivers must be served on all interested parties.
Under the OTARD Rule, a viewer may install the number of antennas necessary to receive the full array of video programming available for reception in his or her viewing area.
How to file: See below, Question 1.
Rule: 47 CFR, Section 1.4000 (d) and (e)
Web Site(s): wireless.fcc.gov/index.htm?job=rules_and_regulations Rules
fcc.gov/mb/facts/otard.] OTARD Information Sheet
fcc.gov/cgb/consumerfacts/consumerdish Fact Sheet
FAQ's
1. How do I file a petition for declaratory ruling and where?
2. What are the requirements for filing a petition for a waiver or declaratory ruling?
3. What are my rights until a decision is made on the declaratory ruling regarding a currently installed dish?
4. Who enforces a declaratory ruling?
5. What is the process for an OTARD dispute after the consumer sends in a petition for ruling?
1. How do I file a petition for declaratory ruling and where?
There is no special form for a petition. You may simply describe the facts, including the specific restriction(s) that you wish to challenge. If possible, include contact information such as telephone numbers for all parties involved, if available, and attach a copy of the restriction(s) and any relevant correspondence. If this is not possible, be sure to include the exact language of the restriction in question with the petition. Parties may petition the Commission for a declaratory ruling under Section 1.2 of the Commission's rules, 47 C.F.R. 1.2, or a court of competent jurisdiction, to determine whether a particular restriction is permissible or prohibited under this rule.
If someone wishes to file either a Petition for Declaratory Ruling or a Petition for Waiver pursuant to the Commission's Over-the-Air Reception Devices Rule (47 CFR 1.4000), they must file an original and two copies of the Petition at the following address:
Office of the Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
Attn: Media Bureau
2. What are the requirements for filing a petition for a waiver or declaratory ruling?
Petitions for declaratory rulings and waivers must be served on all interested parties. If you are a viewer, you must serve a copy of the Petition on the entity seeking to enforce the restriction (i.e., the local government, community association or landlord). If you are a local government, community association or landlord, you must serve a copy of the Petition on the residents in the community who currently have or wish to install antennas that will be affected by the restriction your Petition seeks to maintain.
If a local government seeks a declaratory ruling or a waiver from the Commission, the local government must take steps to afford reasonable constructive notice to residents in its jurisdiction (e.g., by placing a notice in a local newspaper of general circulation)
If a viewer files a petition or lawsuit challenging a local government's ordinance, an association's restriction, or a landlord's lease, the viewer must serve the local government, association or landlord, as appropriate.
3. What are my rights until a decision is made on the declaratory ruling regarding a currently installed dish?
A restriction cannot be enforced while the petition is pending. Unless the restriction being challenged or for which a waiver is sought is necessary for reasons of safety or historic preservation.
There is no specified time frame for a decision on a petition for a declaratory ruling.
4. Who enforces a declaratory ruling?
If the Commission determines that the restriction is valid, you will have a minimum of 21 days to comply with this ruling. If you remove your antenna during this period, in most cases you cannot be fined. However, this 21-day grace period does not apply if the FCC rule does not apply to your installation (for example, if the antenna is installed on a condominium general common element or hanging outside beyond an apartment balcony. If the FCC rule does not apply at all in your case, the 21-day grace period does not apply.
5. What is the process for an OTARD dispute after the consumer sends a petition to the FCC for a ruling?
Once the Petition for a Declaratory Ruling is received at the FCC it is forwarded to the Media Bureau where it is entered onto a tracking chart. Then the petition is reviewed and the Petitioner is contacted. The HOA/landlord will also be contacted by the FCC.
After, reviewed a preliminary determination is made whether or not the OTARD Rule applies to the situation. At that time a rejection or acceptance letter will be sent. This can then lead to an informal negotiation, a formal PN and/or and FCC Order. This complete process can take 1 to 2 years to complete.
For information on the status of your petition, you can contact the Media Bureau at
[email protected] or 202-418-0754 or you can also contact Kenneth Lewis at 202-418-2622."
trh said:
SBCA? I'd go right to the source and contact the FCC.
I told him i have the right to install a dish on my window no lager than "ONE METER (39.37) Ect. ect! He explained again that the dish needs to come down by next week. I told him the dish WILL not come down next week or the next 40 years.. His remarks were "I will turn the information over to our law firm" I told him go right ahead i will do the same..
