[Federal Register Volume 64, Number 240 (Wednesday, December 15, 1999)]
[Rules and Regulations]
[Page 69926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32409]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[CS Docket No. 96-83; FCC 99-360]
Preemption of Local Zoning Regulation of Satellite Earth Stations
and Restrictions on Over-the-Air Reception Devices: Television
Broadcast Service, Direct Broadcast Satellite and Multichannel
Multipoint Distribution Service
AGENCY: Federal Communications Commission.
ACTION: Final rule; petition on reconsideration.
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SUMMARY: This document denies three petitions seeking reconsideration
of the Second Report and Order in which the Over-the-Air Reception
Devices rule was expanded to apply to antenna restrictions on rental
property where the viewer has exclusive use or control. The Commission
also concluded in the Second Report and Order that antenna restrictions
on common or restricted access areas were beyond the scope of statutory
authority for the rule. This document concludes that the findings in
the Second Report and Order are reaffirmed, as no new facts or
arguments are raised in these petitions for reconsideration.
EFFECTIVE DATE: December 15, 1999.
FOR FURTHER INFORMATION CONTACT: Eloise Gore at (202) 418-7200 or via
internet at egore@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Order
on Reconsideration, CS Docket No. 96-83, FCC 99-360, adopted November
19, 1999 and released November 24, 1999. The complete text of this
Order on Reconsideration is available for inspection and copying during
normal business hours in the FCC Reference Center (Room CY-A257) at its
headquarters, 445 12th Street, SW., Washington, DC 20554, or may be
purchased from the Commission's copy contractor, International
Transcription Service, Inc., (202) 857-3800, 1231 20th Street, NW.,
Washington, DC 20036, or may be reviewed via internet at http://
www.fcc.gov/csb/
Synopsis of Order on Reconsideration of the Second Report and Order
1. Three petitions were filed by: (1) Community Associations
Institute (``CAI Petition''); (2) Personal Communications Industry
Association (PCIA), Teligent, Inc., Association for Local
Telecommunications Services, WinStar Communications, Inc., and Nextlink
Communications, Inc. (collectively, ``PCIA Petition); and (3)
Association for Maximum Service Television and the National Association
of Broadcasters (``NAB) (collectively, ``NAB Petition''), requesting
reconsideration of certain decisions in the Second Report and Order,
which amended 47 CFR 1.4000, to prohibit restrictions on over-the-air
reception devices on rental property.
2. CAI asks the Commission to reconsider the decision to permit
tenants, who live in community associations, to install individual
antennas without the permission of the home or unit owner from whom
they rent. It argues that the only way for homeowners to prevent damage
to their own property is through prior approval of tenants' antenna
installations. While prematurely filed, the Commission addresses the
merits of CAI's petition and concludes that there is not sufficient
justification presented for allowing homeowners who rent out their
property to require prior approval of antenna installations. Moreover,
the threat of property damage in connection with antenna installation,
as well as prior approval by a property owner, were issues which were
already amply discussed and decided in the Second Report and Order and
Order on Reconsideration of the First Report and Order (63 FR 67422),
respectively.
3. The PCIA Petition seeks reconsideration of the Commission's
conclusion in the Second Report and Order that prohibiting antenna
restrictions in common or restricted access areas is beyond the
authority granted to the Commission by Section 207 of the
Telecommunications Act. Section 207 authorizes neither the imposition
of affirmative duties on property owners nor the compensation mechanism
necessary to avoid a potentially unconstitutional taking of private
property. While PCIA Petitioners disagree with the Commission analysis
in the Second Report and Order, they do not offer evidence or arguments
that were not already thoroughly considered and discussed in the Second
Report and Order.
4. Similarly, the NAB Petition disagrees with the Commission's
analysis and interpretation of Section 207, but it too fails to offer
new arguments or evidence to justify reconsideration of the
Commission's conclusions in the Second Report and Order.
5. The parties have presented no new arguments or facts in the
pleadings filed and the Commission is not required to reconsider
arguments that have already been considered. Consequently, the
Commission denies the petitions for reconsideration and affirms the
Second Report and Order.
6. Accordingly, it is ordered that pursuant to Section 1, 4(i),
5(c) and 405 of the Communications Act of 1934, as amended, 47 U.S.C.
151, 154(i), 155(c) and 405, the petitions for reconsideration filed by
the Community Associations Institute; by the Personal Communications
Industry Association, Teligent, Inc., the Association for Local
Telecommunications Services, WinStar Communications, Inc., and Nextlink
Communications, Inc.; and by the Association for Maximum Service
Television and the National Association of Broadcasters are denied.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 99-32409 Filed 12-14-99; 8:45 am]
BILLING CODE 6712-01-P
