Satellite Antenna Placement Guidelines

This webpage provides both the Valencia HOA Guidleines and the FCC and California State Regulations for antenna placement. 

Valencia HOA encourages residents to place satellite dishes such that they are not obtrusive to neighbors, but the FCC prohibits HOAs from enforcing rules that unreasonably delay antenna installation, increase the cost of using the antenna or restrict a resident from receiving an acceptable signal.  The Valencia HOA Architectural Committee seeks a reasonable balance for residents and neighbors in locating antennas.

Click on a topic to see more details...
Valencia HOA Guidelines
FCC  Guidelines
CA Civil Code 1376


Valencia HOA Guidelines

Antennas must be located on the owner's property, not on Common Areas, and must be smaller than 1 meter in diameter. 

The HOA rules require that antennas shall not be visible from the street, and that they be positioned below the lowest side or rear-yard party wall, unless such a position prohibits reception of an acceptable signal.

Preferred locations include rear yard, side yard adjacent to other equipment, or screened by shrubbery, on a roof - adjacent to a chimney or on a rear roof area, not visible from the street.  Antennas have been approved for positioning on Patio Covers, when other locations are unacceptable.

When landscaping is used for screening, it should match existing landscaping materials to the extent possible.



FCC Guidelines
Affecting Satellite Antenna Placement



Selections from the Specific Regulation affecting Antennas.
from:  fact sheet on Over-the-Air Reception Devices (http://www.fcc.gov/mb/facts/otard.html)

As directed by Congress in Section 207 of the Telecommunications Act of 1996, the Federal Communications Commission adopted the Over-the-Air Reception Devices Rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals from direct broadcast satellites ("DBS"), multichannel multipoint distribution (wireless cable) providers ("MMDS"), and television broadcast stations ("TVBS").

The rule is cited as 47 C.F.R. Section 1.4000 and has been in effect since October 14, 1996.  It prohibits restrictions that impair the installation, maintenance or use of antennas  used to receive video programming.  The rule applies to video antennas including direct-to- home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas.  The rule prohibits most restrictions that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality  signal.

Effective January 22, 1999, the Commission amended the rule so that it also applies to rental property where the renter has an exclusive use area, such as a balcony or patio.

On October 25, 2000, the Commission further amended the rule so that it applies to customer-end antennas that receive and transmit fixed wireless signals.  This amendment became effective on May 25, 2001.

The rule applies to viewers who place antennas that meet size limitations on property that they own or rent and that is within their exclusive use or control, including condominium owners and cooperative owners, and tenants who have an area where they have exclusive use, such as a balcony or patio, in which to install the antenna.  The rule applies to townhomes and manufactured homes, as well as to single family homes.

The rule allows local governments, community associations and landlords to enforce restrictions that do not impair the installation, maintenance or use of the types of antennas described above, as well as restrictions needed for safety or historic preservation.  In addition, under some circumstances, the availability of a central or common antenna can be used by a community association or landlord to restrict the installation of individual antennas.  In addition, the rule does not apply to common areas that are owned by a landlord, a community association, or jointly by condominium or cooperative owners.  Such common areas may include the roof or exterior wall of a multiple dwelling unit. Therefore, restrictions on antennas installed in or on such common areas are enforceable.

Q:        What types of antennas are covered by the rule?
A:        The rule applies to the following types of video antennas:

(1)  A "dish" antenna that is one meter (39.37") or less in diameter (or any size dish if located in Alaska) and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.

(2) An antenna that is one meter or less in diameter or diagonal measurement and is designed to receive video programming services via MMDS (wireless cable) or to receive or transmit fixed wireless signals other than via satellite.

(3) An antenna that is designed to receive local television broadcast signals.  Masts higher than 12 feet above the roofline may be subject to local permitting requirements.

In addition, antennas covered by the rule may be mounted on "masts" to reach the height needed to receive or transmit an acceptable quality signal (e.g. maintain line-of-sight contact with the transmitter or view the satellite).  Masts higher than 12 feet above the roofline may be subject to local permitting requirements for safety purposes.  Further, masts that extend beyond an exclusive use area may not be covered by this rule.


Q:        What types of restrictions unreasonably delay or prevent viewers from using an antenna?

A:        A local restriction that prohibits all antennas would prevent viewers from receiving signals, and is prohibited by the Commission's rule.  Procedural requirements can also unreasonably delay installation, maintenance or use of an antenna covered by this rule.  For example, local regulations that require a person to obtain a permit or approval prior to installation create unreasonable delay and are generally prohibited.  Permits or prior approval necessary to serve a legitimate safety or historic preservation purpose may be permissible.

Q:        What is an unreasonable expense?
A:        Any requirement to pay a fee to the local authority for a permit to be allowed to install an antenna would be unreasonable because such permits are generally prohibited.  It may also be unreasonable for a local government, community association or landlord to require a viewer to incur additional costs associated with installation.  Things to consider in determining the reasonableness of any costs imposed include:  (1) the cost of the equipment and services, and (2) whether there are similar requirements for comparable objects, such as air conditioning units or trash receptacles.  For example, restrictions cannot require that expensive landscaping screen relatively unobtrusive DBS antennas.  A requirement to paint an antenna so that it blends into the background against which it is mounted would likely be acceptable, provided it will not interfere with reception or impose unreasonable costs.

Q:        What restrictions prevent a viewer from receiving an acceptable quality signal?
A:        For antennas designed to receive analog signals, such as TVBS, a requirement that an antenna be located where reception would be impossible or substantially degraded is prohibited by the rule.  However, a regulation requiring that antennas be placed where they are not visible from the street would be permissible if this placement does not prevent reception of an acceptable quality signal or impose unreasonable expense or delay.  For example, if installing an antenna in the rear of the house costs significantly more than installation on the side of the house, then such a requirement would be prohibited.  If, however, installation in the rear of the house does not impose unreasonable expense or delay or preclude reception of an acceptable quality signal, then the restriction is permissible and the viewer must comply.

The acceptable quality signal standard is different for devices designed to receive digital signals, such as DBS antennas, digital MMDS antennas, digital television ("DTV") antennas, and digital fixed wireless antennas.  For a digital antenna to receive or transmit an acceptable quality signal, the antenna must be installed where it has an unobstructed, direct view of the satellite or other device from which signals are received or to which signals are to be transmitted.  Unlike analog antennas, digital antennas, even in the presence of sufficient over-the-air signal strength, will at times provide no picture or sound unless they are placed and oriented properly.

Q:        Are all restrictions prohibited?
A:        No, many restrictions are permitted.  Clearly-defined, legitimate safety restrictions are permitted even if they impair installation, maintenance or use provided they are necessary to protect public safety and are no more burdensome than necessary to ensure safety.  Examples of valid safety restrictions include fire codes preventing people from installing antennas on fire escapes; restrictions requiring that a person not place an antenna within a certain distance from a power line; and installation requirements that describe the proper method to secure an antenna.  The safety reason for the restriction must be written in the text, preamble or legislative history of the restriction, or in a document that is readily available to antenna users, so that a person wanting to install an antenna knows what restrictions apply.  Safety restrictions cannot discriminate between objects that are comparable in size and weight and pose the same or a similar safety risk as the antenna that is being restricted.

Restrictions necessary for historic preservation may also be permitted even if they impair installation, maintenance or use of the antenna.  To qualify for this exemption, the property may be any prehistoric or historic district, site, building, structure or object included in, or eligible for inclusion on, the National Register of Historic Places.  In addition, restrictions necessary for historic preservation must be no more burdensome than necessary to accomplish the historic preservation goal.   They must also be imposed and enforced in a non-discriminatory manner, as compared to other modern structures that are comparable in size and weight and to which local regulation would normally apply.


Q:        Whose antenna restrictions are prohibited?
A:        The rule applies to restrictions imposed by local governments, including zoning, land-use or building regulations; by homeowner, townhome, condominium or cooperative association rules, including deed restrictions, covenants, by-laws and similar restrictions; and by manufactured housing (mobile home) park owners and landlords, including lease restrictions.  The rule only applies to restrictions on property where the viewer has an ownership or leasehold interest and exclusive use or control.

Q:        Does the fact that management or the association has the right to enter these areas mean that the resident does not have exclusive use?
A:        No.  The fact that the building management or the association may enter an area for the purpose of inspection and/or repair does not mean that the resident does not have exclusive use of that area.  Likewise, if the landlord or association regulates other uses of the exclusive use area (e.g., banning grills on balconies), that does not affect the viewer's rights under the Commission's rule.  This rule permits persons to install antennas on property over which the person has either exclusive use or exclusive control.  Note, too, that nothing in this rule changes the landlord's or association's right to regulate use of exclusive use areas for other purposes.  For example, if the lease prohibits antennas and flags on balconies, only the prohibition of antennas is eliminated by this rule; flags would still be prohibited.

Q:        I have already installed an antenna that is used solely for the purpose of receiving video programming.  Am I affected by this amendment?
A:        Persons who have already installed, or who plan to install, an antenna designed to receive only video programming are not affected by this amendment.  The purpose of the amendment is to permit persons to install antennas that may be used for voice and data services, as well as for video programming services.  The rules concerning restrictions on the placement of video antennas will apply equally to antennas that are used for voice and data services.

Q:        I'm a board member of a homeowners' association, and we want to revise our restrictions so that they will comply with the FCC rule.  Do you have guidelines you can send me?
A:        We do not have sample guidelines because every community is different.  We can send you the rule and the relvant orders, which will give you general guidance.  (See list of documents at the end of this factsheet .  Some communities have written restrictions that provide a prioritized list of placement preferences so that residents can see where the association wants them to install the antenna.  The residents should comply with the placement preferences provided the preferred placement does not impose unreasonable delay or expense or preclude reception of an acceptable quality signal.

Q:        What can a local government, association, or consumer do if there is a dispute over whether a particular restriction is valid?
A:        Restrictions that impair installation, maintenance or use of the antennas covered by the rule are preempted (unenforceable) unless they are no more burdensome than necessary for the articulated legitimate safety purpose or for preservation of a designated or eligible historic site or district.  If a person believes a restriction is preempted, but the local government, community association, or landlord disagrees, either the person or the restricting entity may file a Petition for Declaratory Ruling with the FCC or a court of competent jurisdiction.  We encourage parties to attempt to resolve disputes prior to filing a petition.  Often calling the FCC for information about how the rule works and applies in a particular situation can help to resolve the dispute.  If a local government, community association, or landlord acknowledges that its restriction impairs installation, maintenance, or use and is preempted under the rule but believes it can demonstrate "highly specialized or unusual" concerns, the restricting entity may apply to the Commission for a waiver of the rule.

Q:        Can I continue to use my antenna while the petition or waiver request is pending?
A:        Yes, unless the restriction being challenged or for which a waiver is sought is necessary for reasons of safety or historic preservation.  Otherwise, the restriction cannot be enforced while the petition is pending.

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, multichannel multipoint distribution service, television broadcast station, or fixed wireless company whose service is desired.




CA Civil Code

Source:  http://www.leginfo.ca.gov/calaw.html

1376 .  (a) Any covenant, condition, or restriction contained in any
deed, contract, security instrument, or other instrument affecting
the transfer or sale of, or any interest in, a common interest
development that effectively prohibits or restricts the installation
or use of a video or television antenna, including a satellite dish,
or that effectively prohibits or restricts the attachment of that
antenna to a structure within that development where the antenna is
not visible from any street or common area, except as otherwise
prohibited or restricted by law, is void and unenforceable as to its
application to the installation or use of a video or television
antenna that has a diameter or diagonal measurement of 36 inches or
less.
   (b) This section shall not apply to any covenant, condition, or
restriction, as described in subdivision (a), that imposes reasonable
restrictions on the installation or use of a video or television
antenna, including a satellite dish, that has a diameter or diagonal
measurement of 36 inches or less.  For purposes of this section,
"reasonable restrictions" means those restrictions that do not
significantly increase the cost of the video or television antenna
system, including all related equipment, or significantly decrease
its efficiency or performance and include all of the following:
   (1) Requirements for application and notice to the association
prior to the installation.
   (2) Requirement of the owner of a separate interest, as defined in
Section 1351, to obtain the approval of the association for the
installation of a video or television antenna that has a diameter or
diagonal measurement of 36 inches or less on a separate interest
owned by another.
   (3) Provision for the maintenance, repair, or replacement of roofs
or other building components.
   (4) Requirements for installers of a video or television antenna
to indemnify or reimburse the association or its members for loss or
damage caused by the installation, maintenance, or use of a video or
television antenna that has a diameter or diagonal measurement of 36
inches or less.
   (c) Whenever approval is required for the installation or use of a
video or television antenna, including a satellite dish, the
application for approval shall be processed by the appropriate
approving entity for the common interest development in the same
manner as an application for approval of an architectural
modification to the property, and the issuance of a decision on the
application shall not be willfully delayed.
   (d) In any action to enforce compliance with this section, the
prevailing party shall be awarded reasonable attorney's fees.