Can an HOA Ban Satellite Dishes? The FCC's OTARD Rule

A federal regulation speaks directly to HOA satellite dish rules. The FCC's Over-the-Air Reception Devices rule, usually called OTARD, limits how far an HOA, condo association, landlord or local government can restrict certain dishes and antennas. It does not cancel every antenna rule, and the answer turns on the antenna's size and type and where it is installed.

OTARD works alongside your community's CC&Rs and bylaws, state law and local codes, so for your specific situation, a licensed attorney in your state is the right resource. This is general information, not legal advice.

Can an HOA ban satellite dishes outright?

Generally not, for the equipment the rule covers. The FCC adopted OTARD under Section 207 of the Telecommunications Act of 1996, and it is codified at 47 C.F.R. § 1.4000. Section 1.4000(a)(1) names "any private covenant, contract provision, lease provision, homeowners' association rule or similar restriction" and says such a restriction "is prohibited to the extent it so impairs" a covered antenna. The FCC's information sheet on the rule is direct: "A local restriction that prohibits all antennas would prevent use of antennas covered by this rule, and is prohibited by the Commission's rule."

An HOA can still enforce antenna rules that do not impair installation, maintenance or use, along with certain safety and historic-preservation rules. Your CC&Rs continue to govern everything OTARD does not reach.

Which dishes and antennas the rule covers

Section 1.4000(a)(1) protects:

• Satellite dishes for direct broadcast satellite service, or for receiving or transmitting fixed wireless signals via satellite, that are one meter (about 39.37 inches) or less in diameter, or any size in Alaska.
• Other antennas for wireless cable video programming, or for fixed wireless signals other than via satellite, that are "one meter or less in diameter or diagonal measurement."
• TV antennas: "An antenna that is used to receive television broadcast signals." The FCC adds that the rule "does not apply to television antennas used to receive a distant signal."
• Masts supporting those antennas. The FCC notes that masts "higher than 12 feet above the roofline may be subject to local permitting requirements for safety purposes."

Radio antennas are outside the rule. Fixed wireless signals "do not include, among other things, AM radio, FM radio, amateur (“HAM”) radio, CB radio, and Digital Audio Radio Service (DARS) signals."

Does OTARD cover internet antennas?

Yes, within the same size limits. The rule defines fixed wireless signals as "any commercial non-broadcast communications signals transmitted via wireless technology to and/or from a fixed customer location," and the FCC says that "Antennas designed to receive and/or transmit data services, including Internet access, are included in the rule."

A 2021 amendment, effective March 29, 2021 according to the FCC, added certain hub or relay antennas that serve the customer on whose premises they sit, but not any hub or relay antenna "used to provide any telecommunications services or services that are provided on a commingled basis with telecommunications services." The FCC describes this as covering broadband-only service. The only later change the eCFR lists is an April 2023 amendment (88 FR 21435) that revised the paragraph on public inspection of petitions. It did not change what the rule covers.

Where the rule applies: "exclusive use or control"

OTARD protects antennas only on "property within the exclusive use or control of the antenna user where the user has a direct or indirect ownership or leasehold interest in the property."

• Houses, townhomes owned outright, and manufactured homes. The FCC says the rule "applies to townhomes and manufactured homes, as well as to single family homes." For a home and lot the owner holds, that generally means the house and yard.
• Condos and co-ops. Protection covers a balcony, deck or patio reserved for the resident, not "common areas, such as the roof, the hallways, the walkways or the exterior walls of a condominium or apartment building." A dish hanging past the railing "is usually considered to be in a common area," and drilling through an exterior wall "is generally not within the protection of the rule because the exterior wall is generally a common element."
• Renters. Since January 22, 1999, the rule has applied to rental property "where the renter has an exclusive use area, such as a balcony or patio."

What kinds of HOA rules the rule prohibits

Under § 1.4000(a)(3), a restriction impairs 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 or transmission of an acceptable quality signal." — 47 C.F.R. § 1.4000(a)(3)

The FCC's guidance applies those tests to common HOA rules:

• Prior approval. Rules requiring "a permit or approval prior to installation create unreasonable delay and are generally prohibited," though the FCC says approval needed to serve a legitimate written safety or historic-preservation purpose "may be permissible." A simple notice after installation "might be permissible."
• Cost. Any fee or cost "must be reasonable in light of the cost of the equipment or services" (§ 1.4000(a)(4)). Restrictions "cannot require that expensive landscaping screen relatively unobtrusive DBS antennas," though a painting requirement "might be acceptable" if it does not affect reception or add unreasonable cost.
• Placement. A location preference, such as the side or rear of the house, may be enforceable if it is "clearly articulated in writing and made available to all residents" and still allows an acceptable signal without unreasonable expense or delay.
• Installers. Associations generally "may not require professional installation for receive-only antennas, such as one-way DBS satellite dishes."

Design-approval rules that fall outside OTARD are covered in HOA architectural review and fence rules.

What HOAs can still restrict: safety and historic preservation

Section 1.4000(b) allows an otherwise-prohibited restriction in two cases:

• Safety. The restriction must be "necessary to accomplish a clearly defined, legitimate safety objective" stated in the restriction or in a document "readily available to antenna users," and must apply, as far as practicable, to comparable fixtures in a non-discriminatory way. The FCC's examples include keeping antennas off fire escapes, minimum distances from power lines, and rules on securing an antenna.
• Historic preservation. The restriction must be needed to preserve property "included in, or eligible for inclusion on, the National Register of Historic Places," without treating antennas more harshly than comparable modern fixtures.

Either way, the restriction must be "no more burdensome to affected antenna users than is necessary" (§ 1.4000(b)(3)).

How OTARD disputes are resolved

Under § 1.4000(e), parties "may petition the Commission for a declaratory ruling under § 1.2 of this chapter, or a court of competent jurisdiction, to determine whether a particular restriction is permissible or prohibited." Either side can file. The FCC says there is "no special form for a petition" and encourages parties "to attempt to resolve disputes prior to filing a petition." Factual allegations in petitions and pleadings before the FCC must be supported by affidavit (§ 1.4000(h)).

The rule text also sets these ground rules:

• Burden of proof. The burden of showing a restriction complies "shall be on the party that seeks to impose or maintain the restriction" (§ 1.4000(g)).
• Enforcement during review. Except for safety and historic-preservation restrictions, the party enforcing the restriction "must suspend all enforcement efforts pending completion of review." The rule also says "no fine or other penalties shall accrue" while a proceeding is pending (§ 1.4000(a)(4)).
• Grace period. A resident who loses "shall be granted at least a 21-day grace period" to comply. The FCC notes this does not apply when OTARD does not cover the installation at all, such as a dish on a condo common element.
• Waivers. An association may seek a waiver, which requires "a showing by the applicant of local concerns of a highly specialized or unusual nature" (§ 1.4000(d)).

How state law fits in

OTARD sets a federal floor, and some states add their own limits on association rules. Many guides in our unenforceable HOA rules series list OTARD next to state-specific protections, for example Arizona and Colorado. The main HOA statutes for every state are collected in HOA laws by state, and uneven enforcement of antenna rules is a separate issue covered in HOA selective enforcement.

Frequently asked questions

Does my HOA have to approve my satellite dish before I install it?

For dishes OTARD covers, the FCC says prior-approval requirements "create unreasonable delay and are generally prohibited," while approval needed to serve a legitimate written safety or historic-preservation purpose "may be permissible." A simple notice after installation may be allowed if it does not delay installation or add cost.

Can my HOA make me put the dish in the backyard?

Possibly. A written placement preference may be enforceable if the required spot still gets an acceptable-quality signal without unreasonable cost or delay. The FCC says a rear-of-house rule costing significantly more than a side installation would be prohibited.

Can a condo association stop me from putting a dish on the roof?

Usually, yes. The FCC says a condominium roof "is generally a common area," which OTARD does not cover, and the association "is not obligated to provide a place for you to install an antenna if you do not have an exclusive use area." A dish placed entirely within a balcony or patio reserved for the resident is a different situation.

Does OTARD cover satellite internet dishes?

The rule covers dishes used "to receive or transmit fixed wireless signals via satellite" that are one meter or less in diameter, or any size in Alaska.

Can my HOA fine me while an OTARD petition is pending?

Under § 1.4000(a)(4), "no fine or other penalties shall accrue against an antenna user while a proceeding is pending to determine the validity of any restriction." Safety and historic-preservation restrictions can still be enforced during review.

Sources

• 47 C.F.R. § 1.4000: Restrictions impairing reception of television broadcast signals, direct broadcast satellite services or multichannel multipoint distribution services (eCFR)
• Over-the-Air Reception Devices Rule: FCC Media Bureau information sheet