Getting
the Signals Straight
A few weeks ago I was shocked to find that
a couple of our area TV stations were broadcasting PSA's (Public Service
Announcements) to the effect that the FCC (Federal Communications Commission)
was considering doing away with off the air TV. (The type of TV viewing
that is done with an antenna rather than a monthly bill from a cable or
satellite vendor.)
I could hardly believe my ears because
just last August the FCC required all television broadcasters to switch
from analog to digital broadcasting. This transition cost the broadcasters
billions and the government even sponsored a signal converter box
program with coupons at a cost that I couldn't even fathom - just so off
air TV worked for even more folks that can't afford or don't want cable
or satellite. Now - do away with it all?
I have been an engineer, technician and
legal researcher for matters involving communications and FCC rules and
regulations since the 1950's and this didn't sound right to me. It seemed
everywhere I went I heard someone say something to the effect that TV antennas
won't work very much longer because everyone will have to have cable or
satellite to watch TV. The PSA was encouraging viewers to write to representatives,
senators etc. to help "keep free TV free". This was obviously a misunderstanding
from the start. So, I decided to contact a representative from the FCC
in Washington and see what the real deal was. This is a verbatim copy of
the e-mail that was later sent to me by the person with which I spoke:
"Broadcasters say the FCC wants to take
away free, over-the-air TV. Is this true?
No, it is not true. Free, over-the-air
television is an important source of news, information and entertainment
for many consumers, and the FCC wants to help ensure the continued viability
of free, over-the-air television.
However, another product that
is increasingly popular with consumers - wireless smart phones and other
mobile devices that can access the Internet at higher speeds -- have a
growing need for some of the same band of airwaves that television stations
use for broadcasts.
The FCC is looking at ways that broadcasters
could use their airwaves more efficiently to continue over-the-air TV and
other services, while freeing up airwaves to meet the fast-growing demand
by consumers for mobile broad band."
So, the deal is that the cable companies
are not the villain's here, neither are satellite vendors. The whole thing
is being looked at for the benefit of all, including computer users. Personally,
I don't think it would be presumptuous of me to add that in twenty to thirty
years broadcasting - as we know it - may have evolved to a level that we
wouldn't even recognize. For now, however,
don't throw the antenna in the scrap heap
just yet!
Sorry,
No Dishes Please
Until January 1, 1997, Homeowner Associations
could prohibit a homeowner from putting a satellite dish on his roof. With
passage of the Telecommunications Act of 1996, your local HOA is prohibited
from enforcing local laws banning, or even delaying mounting of, a satellite
dish that is less than 39 inches (1 meter) in diameter.
What's more, they can't even require you
to request permission to put the dish on your roof! And once it's up, they
can't make you take it down or even move it unless you have either created
a safety hazard (which they have to prove to the FCC) or you live in a
historic district (listed in the National Register of Historic Places).
If your HOA is hassling you about a satellite
dish you have put on your roof or are planning to put up, here is a chance
to fight back with the Federal Government behind you! This is a fight the
HOA cannot win.
Actually, any small antenna, round in structure,
that is 39" or less in diameter would qualify under this scope. Even an
HDTV antenna for free TV.
Homeowner groups
never had authority to ban rooftop TV antennas. Radio and Television
reception antennas on dwellings have been continuously regulated by the
FCC (and it's predecessor the Federal Radio Commission). Any law, ordinance
or homeowners association rule has always been preempted by FCC rules and
regulations. Those rules have been continuously updated as broadcast technologies
have changed.
As directed by Congress in Section 207
of the Telecommunications Act of 1996, the Federal Communications Commission
adopted the Over-the-Air Reception Devices Rule concerning governmental
and nongovernmental restrictions on viewers' ability to receive video programming
signals from direct broadcast satellites ("DBS"), multichannel multipoint
distribution (wireless cable) providers ("MMDS"), and television broadcast
stations ("TVBS").
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