FCC Regulations About Satellite Dishes in Arizona

FCC Satellite Dish Regulations

• Pursuant to Section 207 of the Telecommunications Act of 1996, the FCC adopted 47 C.F.R. Section 1.4000, the Over-the-Air Reception Devices (OTARD) rule. It preempts restrictions that: "(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."

Satellite Dishes Covered by FCC Rules

• The OTARD rule protects consumers from unreasonable restrictions on installing satellite dishes. In Arizona (and most other states), the rule covers dishes less than one meter in diameter. Major satellite television companies, such as DirecTV and Dish Network, provide their customers with dishes small enough to qualify for protection.

Restrictions That Delay or Prevent Installation or Use

• The FCC rule does not not allow any state or local government or home owner's association (HOA) to ban covered satellite dishes. Procedural requirements that unreasonably delay installation or use also violate the rule.

  HOAs in Arizona normally do not ban satellite dishes. Some require prior approval of the dish location. It is the FCC's position having to obtain prior approval or a permit causes an unreasonable delay and is a prohibited restriction unless it serves a legitimate safety or historic preservation purpose.

Restrictions That Increase Cost

• Because the OTARD rule generally outlaws permits and prior approvals for covered dishes, it also prohibits charging a fee for a permit or approval. Requiring a consumer to purchase additional equipment, install landscaping for screening or incur other costs as part of installing a satellite dish can violate the rule too.

Impairing Reception

• Satellite dishes need an unobstructed view in a certain direction to get a good signal. Local laws and HOAs can't limit dish locations to areas that interfere with reception. Reasonable regulations can be imposed on location, such as placement where the dish is not visible from the street, unless the permitted location would prevent receiving a quality signal or increase or delay installation or use.

How to File a Complaint

• If a consumer believes a government authority, their landlord or a homeowners association is violating the OTARD rule, they can contact the FCC at (888) 225-5322. Their satellite television service provider might also offer assistance.