The FCC’s Media Bureau has requested comment on a Petition for Rulemaking filed by the Satellite Broadcasting and Communications Association, DIRECTV, LLC, and DISH Network L.L.C. which seeks to amend the exclusive use provision of the Over-The-Air-Reception-Devices (OTARD) rule. Specifically, the Petitioners want to amend the OTARD rule to apply only to restrictions on reception devices imposed by property owners or homeowners’ associations, and not to restrictions imposed by state or local governments. The Petitioners argue that the FCC has never considered the scope of the OTARD statute as applied to state and local government restrictions, and the FCC should commence a rulemaking to consider the issue and clarify the interplay between governmental regulation and common areas. Comments on the petition are due on or before June 7, 2012, and reply comments are due on or before June 22, 2012.
For additional information, please contact Tony Veach.