WPCH 2BVJ Z Courier<?xxx,ix6X@`7X@HP LaserJet 4M (PCL) ROOM 230HPLA4MP0.PRSx  @\WYX@26F3|x ?<Report No. DC 9678ACTION IN DOCKET CASE   August 6, 1996 D|COMMISSION ADOPTS OVERTHEAIR RECEPTION DEVICE RULES (IB Docket No. 9559, CS Docket No. 9683) xThe Commission has adopted a Report and Order, Memorandum Opinion and Order, and Further Notice of Proposed Rulemaking (FCC 96328) 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 overtheair reception of television broadcast service, multichannel multipoint distribution service, or direct broadcast satellite service. xThe 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:  ?<*xClarifications of the types of rules that will be xenforceable and +#\iuneforceabl +#\i unenforceable +#\i  +#\ie . Local restrictions that have xsome effect on antenna placement and use but do not impair xreception should be enforceable without the need for an xindividual Commission or court ruling.  ?@<*xFor purposes of the rule, "impair" is defined as (1) xunreasonably delaying or preventing installation, xmaintenance or use; (2) unreasonably increasing the cost xof installation, maintenance or use; or (3) precluding xreception of an acceptable quality signal.  ?#<*xA finding that the Commission has the authority to balance xthe federal interest in greater access to overtheair video xprogramming services with safety and historical preservation xinterests typically enforced through state and local xrestrictions.  ?(<*xThe Report and Order concludes that private covenants and xhomeowners' association restrictions, applied to property"h)0*0*0*1"Ԍxwithin the exclusive use or control of the antenna user xwhere the user has a direct or indirect ownership interest xin the property, should be treated the same as state and xlocal restrictions. xAction by the Commission, August 5, 1996, by Report and xOrder, Memorandum Opinion and Order, and Further Notice of xProposed Rulemaking (FCC 96328). Chairman Hundt, xCommissioners Quello, Ness and Chong. <FCC News Media Contact: Morgan Broman at (202) 4182358 Cable Services Bureau Contact: Jacqueline Spindler, Bill Johnson at (202) 4187200