My Lease Prohibits Use of an Antenna or Satellite Dish

Written by Clearly Resolved
Sunday, 20 May 2007

[ Q ] I live in an apartment and although I'd like to place an antenna on my balcony, the terms of my lease prohibit it. I also have a friend who owns a home and his neighborhood association has banned residents from erecting either antennas or satellite dishes.

What's the point of free, over-the-air TV if no one is allowed to make use of it?

[ A ] The FCC agrees with you -- and in most cases, you should be able to erect both an antenna and a satellite dish, without seeking a waiver or any type of permission.

With the proliferation of cable television in the US over the past couple of decades, many communities, neighborhood associations and apartment landlords adopted ordinances, bylaws or lease provisions that explicitly prohibited occupants from mounting external antennas or satellite dishes.

These restrictions have been reviewed by the FCC and it has ruled that they are, for the most part, without legal standing. The devices covered by the FCC ruling include both antennas and satellite dishes, though no single device can be exceed 1 meter (roughly 39 inches) in diameter.

The major exceptions to the FCC ruling arise where the occupant does not have direct control over the area where the device is to be mounted, but this is typically limited to renters who do not have roof or balcony access. There are also fairly narrow restrictions on use of antennas or dishes in areas that have been designated as historical sites, or where the presence of these devices could cause legitimate safety issues.

A helpful guide to the FCC ruling regarding your right to use antennas and satellite dishes can be found here.

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