PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554                                  DA 97-462

News media information 202/418-0500     Fax-On-Demand  202/418-2830     Internet:  http://www.fcc.gov    ftp.fcc.gov


                      CABLE SERVICES ACTION         March 4, 1997


PETITION FILED SEEKING DECLARATORY RULING THAT CERTAIN PROTECTIVE
COVENANTS OF A PROPERTY OWNERS ASSOCIATION ARE PREEMPTED BY THE
COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULE



     The Commission has received a Petition for Declaratory Ruling from OmniVision Wireless
Cable of San Antonio, Texas asking the Commission to determine whether the Northampton
Property Owners Association's (NPOA) restrictions on installation and placement of television
antennas and small satellite dishes are preempted by Section 1.4000 of the Commission's rules.  The
Petition alleges that the NPOA deed restrictions violate the Commission's rule prohibiting
restrictions that impair installation, maintenance or use of over-the-air reception devices (satellite
dishes and antennas).  

     The Petition is available for public inspection in the Cable Public Reference Room,  2033
M Street, N.W., Room 333, Washington, D.C. 20554, 202-418-7092.  Copies are available for
purchase from ITS, Inc., 2100 M Street, N.W., Suite 140, Washington, D.C. 20037, 202-857-3800.

     Parties may file responses to the Petition on or before April 3, 1997 and replies on or before
April 18, 1997.  Parties should file an original and two copies of any responsive pleadings with the
Office of the Secretary, Federal Communications Commission, 1919 M Street, N.W., Washington,
D.C. 20554.  Any responsive pleadings must be served on all parties.  Please place the case
identifier, CSR-4947-O, on all filings. 

Media Contact:  Morgan Broman  (202) 418-2358.
Cable Services Bureau Contact:  Eloise Gore  (202) 418-1059.



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