Report No. DC 96-78ACTION IN DOCKET CASE          August 6, 1996

COMMISSION ADOPTS OVER-THE-AIR RECEPTION
DEVICE RULES 
  (IB Docket No. 95-59, CS Docket No. 96-83) 

     The Commission has adopted a Report and
Order, Memorandum Opinion and Order, and
Further Notice of Proposed Rulemaking (FCC
96-328) to implement Section 207 of the
Telecommunications Act of 1996 by
establishing regulations that prohibit
restrictions that impair a viewer's ability
to receive video programming services through
devices designed for over-the-air reception
of television broadcast service, multichannel
multipoint distribution service, or direct
broadcast satellite service.

     The rule contained in this Report and
Order permits:  (1) local restrictions that
do not "impair" antenna installation and
signal reception; for example, a requirement
that antennas be placed in a rear yard rather
than a front yard whenever possible can be
enforced;  (2) local enforcement of safety
rules even if such rules impair reception;
for example, prohibitions on the placement of
antennas on fire escapes can be enforced; and
(3) local enforcement of rules in certain
historical districts; for example,
restrictions necessary to maintain a unique
historical environment can be enforced. 
Laws, regulations, private covenants, and
homeowners' association rules impairing
reception outside these narrowly defined
areas are antenna user where the user has an
ownership interest in the property.  In a
Further Notice of Proposed Rulemaking, the
Commission asks whether the rule should apply
to the placement of antennas on common areas
or rental properties where the antenna user
does not own or control the property.

Other key elements of the Order include:

*    Clarifications of the types of rules
that will be   enforceable and unenforceable. 
Local restrictions that have
     some effect on antenna placement and use
but do not impair 
     reception should be enforceable without
the need for an     individual Commission or
court ruling.

*    For purposes of the rule, "impair" is
defined as (1) 
     unreasonably delaying or preventing
installation,
     maintenance or use; (2) unreasonably
increasing the cost
     of installation, maintenance or use; or
(3) precluding
     reception of an acceptable quality
signal.

*    A finding that the Commission has the
authority to balance 
     the federal interest in greater access
to over-the-air video
     programming services with safety and
historical preservation
     interests typically enforced through
state and local     restrictions.

*    The Report and Order concludes that
private covenants and 
     homeowners' association restrictions,
applied to property
     within the exclusive use or control of
the antenna user 
     where the user has a direct or indirect
ownership interest
     in the property, should be treated the
same as state and 
     local restrictions.

     Action by the Commission, August 5,
1996, by Report and 
     Order, Memorandum Opinion and Order, and
Further Notice of
     Proposed Rulemaking (FCC 96-328). 
Chairman Hundt, 
     Commissioners Quello, Ness and Chong.

                    -FCC- 

News Media Contact:  Morgan Broman at (202)
418-2358
Cable Services Bureau Contact:  Jacqueline
Spindler,
Bill Johnson at (202) 418-7200