This restriction is in violation of Section 207 of the Telecommunications Act of 1996, unless a WAIVER has been filed with the FCC.
Q: Who is responsible for showing that a restriction is enforceable?
A: When a conflict arises about whether a restriction is valid, the local government, community association, property owner, or management entity that is trying to enforce the restriction has the burden of proving that the restriction is valid. This means that no matter who questions the validity of the restriction, the burden will always be on the entity seeking to enforce the restriction to prove that the restriction is permitted under the rule or that it qualifies for a waiver.
Q: Can I be fined and required to remove my antenna immediately if the Commission determines that a restriction is valid?
A: If the Commission determines that the restriction is valid, you will have a minimum of 21 days to comply with this ruling. If you remove your antenna during this period, in most cases you cannot be fined. However, this 21-day grace period does not apply if the FCC rule does not apply to your installation (for example, if the antenna is installed on a condominium general common element or hanging outside beyond an apartment balcony. If the FCC rule does not apply at all in your case, the 21-day grace period does not apply.
Q: Who do I call if my town, community association or landlord is enforcing an invalid restriction?
A: Call the Federal Communications Commission at (888) CALLFCC (888-225-5322), which is a toll-free number, or 202-418-7096, which is not toll-free. Some assistance may also be available from the direct broadcast satellite company, broadband radio service provider, television broadcast station, or fixed wireless company whose service is desired.