Satellite dishes and exterior antennas are sometimes considered an eyesore. Accordingly, many community associations would like to regulate—or even prohibit—them. Indeed, some associations already have language in their governing documents that forbids or places restrictions on installation of such devices. But federal law— specifically, the Over-the-Air Reception Devices (“OTARD”) rule (47 C. F.R. Section 1.4000), adopted by the Federal Communications Commission —disallows associations from adopting or enforcing most restrictions that impair the installation, maintenance or use of antennas used to receive video programming.
he rule applies to only certain types of devices: TV antennas, video antennas including direct-to-home satellite dishes that are less than one meter in diameter, and wireless cable antennas. OTARD does not permit 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. Exceptions include restrictions based on legitimate safety concerns, and restrictions necessary for historic preservation.