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OTARD

Over-the-Air Reception Devices

Docket No:    CS 96-83 

Title:    Implementation of Section 207 of the Telecommunications Act of 1996

Restrictions on Over-the-Air Reception Devices; Television Broadcast Service and Multichannel Multipoint Distribution Service 

August 6, 1996 – FCC 96-328

In re Preemption of Local Zoning Regulation of Satellite Earth Stations, and In re Implementation of Section 207 of the Telecommunications Act of 1996, Restrictions on Over-the-Air Reception Devices: Television Broadcast Service and Multichannel Multipoint Distribution Service, IB Docket No. 95-59, CS Docket No. 96-83 (consolidated), 11 FCC Rcd 19276 (1996) 

September 25, 1998 – FCC 98-214  

In this Order on Reconsideration, FCC grants in part and denies in part petitions for reconsideration of the Commission's implementation of Section 207 of the Telecommunications Act of 1996 ("1996 Act") in its Report and Order, Memorandum Opinion and Order, and Further Notice of Proposed Rulemaking ("Report and Order" and "Further Notice") released on August 6, 1996.  Among other things, the Report and Order adopted a set of rules, 47 C.F.R. § 1.4000 (the "Section 207 rules"), that generally prohibit both governmental and nongovernmental restrictions that impair the installation, maintenance or use of over-the-air reception devices covered by Section 207 ("Section 207 devices"), unless the restriction is necessary for safety or historic preservation reasons and is no more burdensome than necessary to achieve those objectives.  

November 20, 1998 – FCC 98-273

       This Second Report and Order resolves the issues regarding Section 207 of the Telecommunications Act of 1996 ("1996 Act") on which the Commission sought further comment in its Report and Order, Memorandum Opinion and Order, and Further Notice of Proposed Rulemaking ("Report and Order" and "Further Notice")  Based on our review of the comments filed in response to the Further Notice, we adopt in this Second Report and Order an amendment to Section 1.4000 of our rules, 47 C.F.R. § 1.4000 ("Section 207 rules"), that prohibits restrictions on over-the-air reception devices covered by Section 207 ("Section 207 reception devices") on rental property subject to the other terms and conditions of our Section 207 rules.  This amendment to our rules serves two federal objectives of promoting competition among multichannel video providers and of providing viewers with access to multiple choices for video programming.  The new amendment strikes a balance between the interests of tenants, who desire access to more video programming services, and the interests of landlords, who seek to control access to and use of their property.  This Second Report and Order does not amend the rules to cover common property and restricted access property, as defined below, because we conclude Section 207 does not authorize us to do so.