Sec. 1.4000  Restrictions impairing reception of television broadcast 
          signals, direct broadcast satellite services or multichannel 
          multipoint distribution services.

    (a)(1) Any restriction, including but not limited to any state or 
local law or regulation, including zoning, land-use, or building 
regulation, or any private covenant, homeowners' association rule or 
similar restriction on property within the exclusive use or control of 
the antenna user where the user has a direct or indirect ownership 
interest in the property, that impairs the installation, maintenance, or 
use of: An antenna that is designed to receive direct broadcast 
satellite service, including direct-to-home satellite services, that is 
one meter or less in diameter or is located in Alaska; or an antenna 
that is designed to receive video programming services via multipoint 
distribution services, including multichannel multipoint distribution 
services, instructional television fixed services, and local multipoint 
distribution services, and that is one meter or less in diameter or 
diagonal measurement; or an antenna that is designed to receive 
television broadcast signals; is prohibited, to the extent it so 
impairs, subject to paragraph (b) of this section.
    (2) For purposes of this section, a law, regulation or restriction 
impairs installation, maintenance or use of an antenna if it:
    (i) Unreasonably delays or prevents installation, maintenance or 
use,
    (ii) Unreasonably increases the cost of installation, maintenance or 
use, or
    (iii) Precludes reception of an acceptable quality signal.
    (3) No civil, criminal, administrative, or other legal action of any 
kind shall be taken to enforce any restriction or regulation prohibited 
by this section except pursuant to paragraph (c) or (d) of this section. 
No fine or other penalties shall accrue against an antenna user while a 
proceeding is pending to determine the validity of any restriction.
    (b) Any restriction otherwise prohibited by paragraph (a) of this 
section is permitted if:
    (1) It is necessary to accomplish a clearly defined safety objective 
that is either stated in the text, preamble or legislative history of 
the restriction or described as applying to that restriction in a 
document that is readily available to antenna users, and would be 
applied to the extent practicable in a non-discriminatory manner to 
other appurtenances, devices, or fixtures that are comparable in size, 
weight and appearance to these antennas and to which local regulation 
would normally apply; or
    (2) It is necessary to preserve an historic district listed or 
eligible for listing in the National Register of Historic Places, as set 
forth in the National Historic Preservation Act of 1966, as amended, 16 
U.S.C. 470a, and imposes no greater restrictions on antennas covered by 
this rule than are imposed on the installation, maintenance or use of 
other modern appurtenances, devices or fixtures that are comparable in 
size, weight, and appearance to these antennas; and
    (3) It is no more burdensome to affected antenna users than is 
necessary to achieve the objectives described above.
    (c) Local governments or associations may apply to the Commission 
for a waiver of this rule under Sec. 1.3. Waiver requests will be put on 
public notice. The Commission may grant a waiver upon a showing by the 
applicant of local concerns of a highly specialized or unusual nature. 
No petition for waiver shall be considered unless it specifies the 
restriction at issue. Waivers granted in accordance with this section 
shall not apply to restrictions amended or enacted after the waiver is 
granted.
    Any responsive pleadings must be served on all parties and filed 
within 30 days after release of a public notice that such petition has 
been filed. Any replies must be filed within 15 days thereafter.

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    (d) Parties may petition the Commission for a declaratory ruling 
under Sec. 1.2, or a court of competent jurisdiction, to determine 
whether a particular restriction is permissible or prohibited under this 
section. Petitions to the Commission will be put on public notice. Any 
responsive pleadings must be served on all parties and filed within 30 
days after release of a public notice that such petition has been filed. 
Any replies must be filed within 15 days thereafter.
    (e) In any Commission proceeding regarding the scope or 
interpretation of any provision of this section, the burden of 
demonstrating that a particular governmental or nongovernmental 
restriction complies with this section and does not impair the 
installation, maintenance or use of devices designed for over-the-air 
reception of video programming services shall be on the party that seeks 
to impose or maintain the restriction.
    (f) All allegations of fact contained in petitions and related 
pleadings before the Commission must be supported by affidavit of a 
person or persons with actual knowledge thereof. An original and two 
copies of all petitions and pleadings should be addressed to the 
Secretary, Federal Communications Commission, 1919 M St. NW., 
Washington, DC 20554. Copies of the petitions and related pleadings will 
be available for public inspection in the Cable Reference Room in 
Washington, DC. Copies will be available for purchase from the 
Commission's contract copy center, and Commission decisions will be 
available on the Internet.

    Effective Date Note: At  61 FR 46562 , Sept. 4, 1996, Sec. 1.4000 was 
added. The section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.

             Subpart T--Exempt Telecommunications Companies