Gates Head
Association, Inc.
Architectural
Control Committee
October 20, 2002
Dear Gates Head Association Members,
It has come to the Board's
attention that several homeowners have placed small digital television
satellite dishes on their property. As you may know, the First Amendment to
Article V of the Declaration of Covenants prohibits the placement of such. Upon
further investigation we have found that the Over-the-Air Reception
Devices Rule adopted by the FCC as
directed by Congress in Section 207 of the Telecommunications Act of 1996
prohibits such covenants.
The Rule does allow for
community associations to prioritize ideal placement locations for dishes
provided that it does not preclude reception of a quality signal, unreasonably
increase the installment costs, or delay installation.
Thus, the ACC would ask that if
you intend on installing such a device that you place it in the rear of your
yard or as that it should not be visible from the street. If these locations do
not offer a "quality" signal or prove to require unreasonable
expense, alternative locations for placement of the dish will be considered by
the ACC. Please inform the ACC of your intentions just as you would for any
addition or other projects to your home prior to a "sight survey" by the installer.
If interested you may view the
complete FCC Rule at:
http://www.fcc.gove/mb/facts/otard.html.
Should you have any questions
please contact a member of the ACC. Please also remember, the covenants were
put in place to keep our neighborhood aesthetically pleasing and consistent in
appearance. Please place this letter with your covenants for future reference.
Sincerely,
Gates Head Board of Directors.