FCC rules are a continuing problem.Another thorny issue with regard to FCC (1) (Federal Communications Commission, Washington, DC, www.fcc.gov) The U.S. government agency that regulates interstate and international communications including wire, cable, radio, TV and satellite. The FCC was created under the U.S. regulation of the placement of antennas has emerged in the last few months. According to according to
1. As stated or indicated by; on the authority of: according to historians.
2. In keeping with: according to instructions.
3. Michael Printz of the Rent Stabilization Association, the FCC has distinguished between rental and owner-occupied properties when regulating the placement of satellite dishes and other antennas.
In a rule issued this summer to implement the Telecommunications Act of 1996, the FCC clarified an earlier proposal and now clearly preempts local zoning laws, homeowner association rules and covenants restricting the placement of satellite dishes.
The FCC did not extend the new rule to commercial rental properties, including apartments, but is seeking comment on whether the rule should apply to the placement of antennas on common areas or rental properties where the antenna user does not own or control the property.
"We are unable to conclude," writes the FCC in its release, "...that this same analysis applies with regard to the placement of antennas on common areas or rental properties, property not within the exclusive control of a person with an ownership interest, where a community association or landlord is legally responsible for maintenance and repair and can be liable for failure to perform its duties properly."
Comments can be made to the FCC on its Further Notice of Proposed Rulemaking A notice of proposed rulemaking or NPRM is issued by law when a regulatory agency of the United States Federal Government wishes to add, remove, or change a rule (or regulation) as part of the rulemaking process.
Outside the USA. by Sept. 27 and response comments are due Oct. 28.
Meanwhile, where a viewer has a direct or indirect ownership interest, the new rule will still preempt pre·empt or pre-empt
v. pre·empt·ed, pre·empt·ing, pre·empts
1. To appropriate, seize, or take for oneself before others. See Synonyms at appropriate.
a. non-governmental restrictions on property within the exclusive use or control of the viewer, such as those created by homeowners, cooperative and condominium associations.
But restrictions on placement of antenna on a fire escape and local restrictions necessary to maintain a unique historical environment can be enforced.
"This issue is alive and may have significant impact on the real estate industry's ability to control their rooftops," said Printz.
The National Realty Committee has been active on this issue and believes public policies in this area should respect real estate as private property and avoid unnecessary government intrusion into the free market dynamic between building owners, users and service providers.
William C. Rudin, president of Rudin Management, is the NRC NRC
1. National Research Council
2. Nuclear Regulatory Commission
Noun 1. NRC - an independent federal agency created in 1974 to license and regulate nuclear power plants Telecommunications Task Force Chairman. He said they urge the policy-makers to recognize the importance of a market-oriented approach as they work to implement the new telecom law.
Arthur I. Weinstein, vice president of the Council of New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of Cooperatives, said without seeing the rides that "if they require a 200-unit high-rise co-op to allow 200 satellite dishes to be affixed af·fix
tr.v. af·fixed, af·fix·ing, af·fix·es
1. To secure to something; attach: affix a label to a package.
2. to the roof. the nile would be absolutely insane. The roof space is a valuable commodity in New York City New York City: see New York, city.
New York City
City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S. and the taking of that space by a Federal agency by regulation rather than by law may be unsconstitutional."
Said another co-op executive who declined to be identified, "This has nasty repercussions repercussions npl → répercussions fpl
repercussions npl → Auswirkungen pl ."