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                         February 6, 1997

                                                        DA 97-289

                                      Released:  February 7, 1997
Mr. James R. Ayotte
Executive Vice President
Manufactured Housing Institute
2101 Wilson Blvd.
Suite 610
Arlington, VA  22201-3062

Dear Mr. Ayotte:

     Thank you for your letter of January 17, 1997.  This letter is in response to your request
for clarification regarding manufactured housing communities under the Commission's rule
governing over-the-air reception devices (47 C. F. R. 1.4000).  We are pleased to provide the
clarification you requested.  Please keep in mind that this letter constitutes the views of the Cable
Services Bureau and has not been reviewed by the Commission.

     The Commission's rule was adopted pursuant to Section 207 of the Telecommunications
Act of 1996.  It preempts governmental and non-governmental restrictions that impair the
installation, maintenance or use of antennas designed to receive direct broadcast satellite service
(DBS) and antennas designed to receive video programming services via multipoint distribution
services (MDS), including multichannel multipoint distribution services (MMDS), instructional
television fixed services (ITFS) and local multipoint distribution services (LMDS), provided the
antenna is one meter or less in diameter, and antennas designed to receive television broadcast
signals.  Restrictions that meet certain exceptions for purposes of safety or historic preservation
are not preempted. The Commission's rule went into effect on October 14, 1996, and preempts
local laws and association or community restrictions if they conflict with the Commission's rule.

      The rule governing over-the-air reception devices applies to restrictions on antennas and
dishes installed where the viewer has a direct or indirect ownership of property which is within
his or her exclusive use or control.  The rule applies to installation in or on a manufactured home
owned by a viewer living in a land lease community because the owner of the manufactured
home has an ownership interest in, and exclusive use or control of, the property in which he or
she resides even though the home rests on land leased from the park owner.

     According to the Commission's rule, governmental and nongovernmental restrictions are
prohibited if they "impair" use of antennas.  Restrictions that prohibit installation of antennas and
requirements that impose unreasonable expense or delay or preclude reception of an acceptable
quality signal are considered an impairment of the viewer's use of an antenna.  

     Not all restrictions and regulations, however, are preempted.  Reasonable restrictions
adopted by local governments, homeowner associations or manufactured housing communities
that affect placement, appearance or installation of antennas are enforceable so long as they do
not impair installation, maintenance or use of the antenna by imposing unreasonable expense or
delay or by precluding reception of an acceptable quality signal.

     For example, the owner or operator of a manufactured housing land lease community
may make reasonable requirements about the placement or appearance of an antenna on a
manufactured home, so long as the requirements do not unreasonably delay installation,
unreasonably add to the cost, or harm reception.

     The Commission's current rule does not apply to antennas installed on either rental
property or common areas because these areas are not owned and exclusively used or controlled
by the viewer.  The Commission is currently considering whether to amend the scope of the rule
to include within its coverage rental property or property that is commonly controlled or used. 
At the present time, restrictions concerning the installation of antennas directly on rented lots or
in common areas in manufactured housing land lease communities are not covered by the rule. 

     We hope you find this response useful.  In accordance with our usual procedures, this
response will be available to the general public on the Internet and in the Bureau's Public
Reference Room.

     Please do not hesitate to contact us again if additional guidance would be helpful.


                                   Sincerely,



                                   Meredith J. Jones
                                   Chief, Cable Services Bureau