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PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554                                 DA 97-1268

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


     CABLE SERVICES ACTION                          June 18, 1997


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


     The Commission has received a Petition for Declaratory Ruling from Victor Frankfurt asking
the Commission to determine whether the New Century Town Townhouse Association's  (New
Century) covenants and regulations restricting installation and placement of television antennas and
satellite dishes are preempted by Section 1.4000 of the Commission's rules.  The Petition alleges that
the New Century covenants and regulations violate the Commission's rule prohibiting restrictions
that impair installation, maintenance or use of over-the-air reception devices (satellite dishes and
antennas).  New Century is located in Vernon Hills, Illinois.  New Century filed a complaint
contemporaneously against Mr. Frankfurt in the Circuit Court of Lake County, Illinois, seeking a
declaratory judgment requiring him to remove his satellite dish from his balcony.  

     The Petition is available for public inspection in the Cable Services Bureau Public Reference
Room:
     2033 M Street, N.W., Room 333
     Washington, D.C. 20554
     (202) 418-7092

Copies of the Petition and other pleadings are available for purchase from:
     
      ITS, Inc.
      1231 20th Street, N.W.
      Washington, D.C. 20036
      202-857-3800   (202) 857-3805 facsimile    http://www.itsi.com

     Parties may file responses to the Petition on or before July 18, 1997 and replies on or before
August 4, 1997.  Please place the case identifier, CSR-5024-O, on all filings.
     An original and two copies of all pleadings should be addressed to:

     Office of the Secretary
     Federal Communications Commission
     1919 M Street, N.W.
     Washington, D.C. 20554
     Attn: Cable Services Bureau

     One copy of each pleading must also be served on all parties.



Media Contact:  Morgan Broman, (202) 418-2358
Cable Services Bureau Contact:  Eloise Gore, (202) 418-1066



                            -- FCC --