Condo Media - June 2021 - 10

News Desk

Cutting
the Cord

Wireless Internet Coming to a
Community Association Near You
Are you a cord cutter? In 2020, almost 4 million cable/
satellite television subscriptions were cancelled as
consumers flocked to streaming services like Netflix,
Amazon Prime, and Disney+. This trend is anything but new.
Sixty percent of households no longer have a landline and
rely exclusively on mobile phone service, according to the
CDC biannual National Health Interview Survey.
The next cord to cut is the one connecting you to the
internet. Most consumers use wires - the cable that allowed
you to watch your favorite television shows - for broadband
internet service, but this is changing. According to a report
by USTelecom, internet traffic on wired broadband networks
is down 20 percent from peak levels as consumers now favor
wireless broadband internet service.
OTARD RULE
Furthermore, a recent ruling by the Federal Communications
Commission (FCC) will likely accelerate this trend. Earlier
this year, the FCC made an important change to its Overthe-Air Reception Device Rule, or OTARD rule, an obscure
and strangely named regulation that applies to community
associations. The OTARD rule has been the law of the land
since 1996, allowing small, satellite television dish antennas
to be installed on top of homes and on balconies in
community associations. These are typically used to receive
television signals, but will become the gateway to the
internet in years ahead.
The primary change the FCC made to the OTARD rule
was to include small antennas used for wireless internet in
the list of other antenna community associations must allow.
The rule preempts any local law or community association
covenant or rule that prohibits restrictions that unreasonably
delay or prevent installation, maintenance, or use of an
antenna; unreasonably increase the cost of installation,
maintenance, or use of an antenna; or preclude reception
of an acceptable quality signal.
The OTARD rule doesn't mean a community association
has no say in antenna matters, but associations will find
their authority is constrained if the resident installing the

CONDOMEDIA June 2021

antenna follows OTARD protocols. Antennas may only be
placed on property a resident owns or on common property
reserved for a resident's exclusive use (e.g., a balcony that can
only be accessed from inside a resident's unit). The association
may have some influence over antenna location but can't
require antennas be placed in areas that result in poor signal
reception. Finally, associations can adopt standards to keep
common property from being damaged when an OTARD
antenna is installed, maintained, or removed.
All antennas covered by the OTARD rule must be small,
just like a satellite television dish not be larger than one
meter in diameter or when measured diagonally. Internet
antennas are probably in your community already, and you
may not have even noticed.
What does this mean for your association? Is it time to call
the attorney and change any rules? The good news is, there's
absolutely no need to spend money on a rule change because
the FCC has taken care of that with the OTARD rule changes,
which now override all municipal ordinances, zoning laws,
and community association governing documents that apply
to antennas covered by the regulation. The only thing the
board needs to do is comply.
If you need a refresher on the OTARD rule or have
never heard of it, the FCC has a website - www.fcc.gov where you can read up on the regulation, find previous
rulings on how OTARD applies to community associations,
and get the information your community needs to follow
the law. It is definitely a good idea to email or call your
community association attorney to make sure your board
stays on the right side of the OTARD rule - these things
can get complicated.

Condo Media - June 2021

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