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.