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JohnB26
(South Carolina)

Posts:486

08/05/2009 5:48 AM
I just sent the following email - the response should be illuminating: to: FCCINFO@FCC.GOV message: Is a 'booster antenna' installed in a 'weak' signal area for the purpose of providing wireless telephone service to a private residence covered by OTARD? Specifically: If my analogue home phone service with all telephone is 'plugged into' a 'cell phone adapter TX/DX box and I need a 'stick' booster am I protected by OTARD? thank you, JohnB

JohnB26
(South Carolina)

Posts:486

08/07/2009 11:05 AM
no reply to date ... still waiting

SkuddleM
(Colorado)

Posts:62

08/08/2009 9:26 PM
So am I.

KevinK7
(Florida)

Posts:276

08/09/2009 8:57 AM
I believe the FCC also recommends contacting a provider (T-Mobile, Sprint) who would install such antenna, because they would also be familiar in what the law allows.

JohnB26
(South Carolina)

Posts:486

08/09/2009 10:21 AM
An opinion by a 'service provider' could be challenged by the HOA (not to mention being self-serving). An opinion by the HOA is obviously self-serving. An opinion by an attorney 'may' be "yes'm" self-serving (he gets paid regardless). I would like the answer 'straight from the horses mouth'. I'm still waiting ... my next email will request a 'read receipt'.

BrianB
(California)

Posts:2381

08/09/2009 10:03 PM
John, if you want an answer from the horse's mouth, you should never ask the government... you got the wrong part of the anatomy there providing answers.

JohnB26
(South Carolina)

Posts:486

08/10/2009 10:16 AM
Posted By BrianB on 08/09/2009 10:03 PM John, if you want an answer from the horse's mouth, you should never ask the government... you got the wrong part of the anatomy there providing answers. " America ... LOVE IT --- OR LEAVE IT ..."

DwightT
(Idaho)

Posts:653

08/10/2009 10:38 AM
And what is that supposed to mean? The government is not America.

TracieS
(Colorado)

Posts:460

08/10/2009 10:45 AM
I'm sure we all have strong opinions about the good ole' US of A (myself included!!)...let's not bring them here...

BrianB
(California)

Posts:2381

08/10/2009 11:45 AM
Posted By JohnB26 on 08/10/2009 10:16 AM " America ... LOVE IT --- OR LEAVE IT ..." People say that phrase like there are only two options. Accept it and do nothing, or walk away from it. I prefer a third option: Change it. And every year since I turned 18, i cast my vote(s) to do so.

KevinK7
(Florida)

Posts:276

08/11/2009 9:10 AM
Considering what I have read regarding the FCC's rules, if an issue has not been addressed, and the burden falls on the association to prove it, then the matter would have to be resolved with a petition to the FCC, with any delay in installation being a violation of the rules (unless the Association can prove cause of delay would not be a violation of the rules). Considering the FCC's ruling of a wi-fi antenna in the Continental case, I would believe that the FCC would strongly favor the homeowner. MaryA1 had argued in the previous thread that since the rules do not state cellphone antennas, they are not protected by OTARD and the HOA can enforce their covenants and the homeowner would not be allowed to place their antenna up until the FCC clarifies their position. I had checked and you cannot mail a petition just for the FCC to offer an opinion, and considering the response MaryA1 had received, they had essentially restated the OTARD factsheet, which seems typical (every time I would email or mail an organization, I would get redirected to someplace else or printouts of their website). So based on all that, the HOA can make any rule they want about cell phone antennas. The homeowner can choose to abide by that rule. The HOA can choose to enforce their rule. If the homeowner feels that the HOA's rule is a violation of OTARD, they can file a petition. The FCC would make a determination. If the FCC rules in favor of the homeowner, then the antenna stays. If the FCC makes a determination that the HOA is right, then they can enforce their covenant. This is why in the previous thread, I stated that based on my understanding, the homeowner can keep their antenna up until the FCC makes a ruling, and its up to the HOA to take it however far they want to.

MaryA1

Posts:0

08/11/2009 9:28 AM
Kevin, I think it would be the h/o who would take it to the FCC for a ruling. The HOA could just fine the h/o for being in violation. Fines turn into liens, etc., etc. So the "burden" would then fall upon the h/o unless they just acquiesed and paid the fines and took the antenna down. I don't know that the FCC would rule in favor of the h/o as it appears to me they don't want to make a fuling on cell phone antennas; otherwise they would have done so by now.

KevinK7
(Florida)

Posts:276

08/11/2009 3:02 PM
I guess that would be the gamble of interpretation. I still firmly believe that although the rules do not specifically mention cell phone antennas, they would be covered, much like wi-fi antennas that are not mentioned but have been protected under the Continental ruling.

KevinK7
(Florida)

Posts:276

08/12/2009 8:26 AM
From the OTARD factsheet: Q: Can I continue to use my antenna while the petition or waiver request is pending? A: Yes, unless the restriction being challenged or for which a waiver is sought is necessary for reasons of safety or historic preservation. Otherwise, the restriction cannot be enforced while the petition is pending.

JohnB26
(South Carolina)

Posts:486

08/13/2009 9:22 AM
Posted By JohnB26 on 08/05/2009 5:48 AM I just sent the following email - the response should be illuminating: to: FCCINFO@FCC.GOV message: Is a 'booster antenna' installed in a 'weak' signal area for the purpose of providing wireless telephone service to a private residence covered by OTARD? Specifically: If my analogue home phone service with all telephone is 'plugged into' a 'cell phone adapter TX/DX box and I need a 'stick' booster am I protected by OTARD? thank you, JohnB Here is the FCC's response: << Thank you for contacting the FCC Consumer Center. The OTARD rules prohibit restrictions on a property owner or tenant's right to install, maintain, or use an antenna to receive VIDEO programming from direct broadcast satellites (DBS), broadband radio services (formerly referred to as multi-channel multipoint distribution services or MMDS), and television broadcast stations (TVBS). Thus the installation of a cellular booster antenna would not fall under the OTARD rules since cellular service is not considered a video service. Cellular "repeaters", "boosters or "amplifiers" may be installed only by the LICENSEE (cellular service provider). Cellular end users are not the licensee. These fall under Parts 22, 24 and 90 the rules, which are available online from a link at wireless.fcc.gov/rules.html - in particular, see 90.219 and 22.383. Contact the licensee for installation. The rules are available on-line from wireless.fcc.gov/rules.html The "FCC Approval" on products is not a license or endorsement, but only states that it has passed examination for use in a particular service under the rules of that service. Additional language for Part 22 in building: FCC Rule Section 22.383, "In-building radiation systems" provides that "Licensees may install and operate in-building radiation systems without applying for authorization or notifying the FCC, provided that the locations of the in-building radiation systems are within the protected service area of the licensee's authorized transmitter(s) on the same channel or channel block." There is no provision for non-licensees installing and/or operating in-building radiation systems. The following excerpts from FCC rules discuss in-building cellular radiation systems: 47 CFR Telecommunication CHAPTER I FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) SUBCHAPTER B -- COMMON CARRIER SERVICES PART 22 -- PUBLIC MOBILE SERVICES [EXCERPTS] §22.99 Definitions In-building radiation systems. Supplementary systems comprising low power transmitters, receivers, indoor antennas and/or leaky coaxial cable radiators, designed to improve service reliability inside buildings or structures located within the service areas of stations in the Public Mobile Services. §22.165 (d) (1) The interfering contours of the additional transmitter(s) must be totally encompassed by the composite interfering contour of the existing station (or stations under common control of the applicant) on the same channel, except that this limitation does not apply to nationwide network paging stations or in-building radiation systems. §22.352 Protection from interference. (c) Situations in which no protection is afforded. Except as provided elsewhere in this part, no protection from interference is afforded in the following situations: (7) In-building radiation systems. No protection is provided against interference to the service of in-building radiation systems (see §22.383). §22.373 Access to transmitters. Unless otherwise provided in this part, the design and installation of transmitters in the Public Mobile Services must meet the requirements of this section. (a) Transmitters and control points, other than those used with in-building radiation systems, must be installed such that they are readily accessible only to persons authorized by the licensee to operate or service them. (e) Transmitters used with in-building radiation systems must be installed such that, to the extent possible, they are readily accessible only to persons authorized by the licensee to access them. (f) Transmitters used with in-building radiation systems must be designed such that, in the event an unauthorized person does gain access, that person can not cause the transmitter to deviate from its authorized operating parameters in such a way as to cause interference to other stations. §22.377 Certification of transmitters. Except as provided in paragraph (b) of this section, transmitters used in the Public Mobile Services, including those used with signal boosters, in-building radiation systems and cellular repeaters, must be certificated for use in the radio services regulated under this part. Transmitters must be certificated when the station is ready for service, not necessarily at the time of filing an application. §22.383 In-building radiation systems. Licensees may install and operate in-building radiation systems without applying for authorization or notifying the FCC, provided that the locations of the in-building radiation systems are within the protected service area of the licensee's authorized transmitter(s) on the same channel or channel block. §22.537 Technical channel assignment criteria. The rules in this section establish technical assignment criteria for the channels listed in §22.531. These criteria permit channel assignments to be made in a manner such that reception by public paging receivers of signals from base transmitters, within the service area of such base transmitters, is protected from interference caused by the operation of independent co-channel base transmitters. (g) In-building radiation systems. The locations of in-building radiation systems must be within the service contour(s) of the licensee's authorized transmitter(s) on the same channel. In-building radiation systems are not protected facilities, and therefore do not have service or interfering contours. Representative Number : TSR44>>>

MaryA1

Posts:0

08/14/2009 7:33 AM
John, Thx for the very "illuminating" response: "Thus the installation of a cellular booster antenna would NOT (emphasis mine) fall under the OTARD rules since cellular service is not considered a video service." Isn't this what I said and you countered by saying I was a moron who couldn't read at the 7th grade level???

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