HIGHLANDS H460 COVENANTS - ANTENNA POLICY

The Highlands 460 covenants specifically ban all free standing antennas of any type. Recent rules promulgated by the FCC as a result of the Telecommunications Act of 1996, override this ban to a certain extent.

In response to the recent FCC rules, the Highlands 460 Civic Association has established the following HIGHLANDS 460 ANTENNA POLICY. This policy has been reviewed by the association's legal counsel, which has determined that its provisions are in compliance with the FCC ruling.

One of the key tenants of Section 207 of the Telecommunications Act of 1996 is that access to video broadcast signals should not be impaired. In application, this means that except for a few specific circumstances, you do not need to obtain permission to install an antenna. However, the FCC rules do not prohibit homeowner associations from imposing limited requirements governing installation as long as those requirements do not unreasonably increase the cost of installation or significantly deteriorate (i.e. prevent) reception. Therefore, though not required, it is highly recommended that you obtain written Architectural Committee approval for a specific antenna location to avoid the risk of having to relocate the antenna later.

HIGHLANDS 460 ANTENNA POLICY
June l997

  1. Freestanding Radio antennas? of easy type are not allowed.

  2. MMDS (wireless cable) or DBS (satellite) antennas greater than 39" in diameter or diagonal measurement are not allowed.

  3. TVBS (Local TV broadcast), and MMDS or DBS antennas that meet the requirement of section (2) may be installed without prior Architectural Committee review or approval.

  4. Antenna installations inside the home (inside window or attic mount) are not subject to Architectural Committee review or approval.

  5. If feasible, an antenna installed outdoors must be painted in a fashion that will not interfere with reception so that it blends into the background against which it is mounted, or must be screened using inexpensive landscaping.

  6. When deciding on the location of an antenna to be installed outdoors he homeowner should use the following siting preference list (in order of highest to lowest preference) : ground level - not observable from a public right of way ground level/side yard - observable from a public right of way ground level/front or rear yard - observable from a public right of way wall mount roof mount mast mount

  7. In the event that a homeowner installs an antenna that is visible from a public right of way, the Highland 460 Civic Association reserves the right to review the installation after the fact, and if it determines that the antenna could have been installed at a higher preference location without unreasonably increasing the cost of installation or significantly degrading reception, may require that the homeowner relocate the antenna to a more suitable location.