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Category: Wireless Telecom Law

• Antennas
• Amateur Radio

Homeowners' associations (HOAs) and condominium associations frequently impose private land use restrictions, known as covenants, conditions, and restrictions (CC&Rs), that regulate the installation of external antennas. While these restrictions are meant to maintain aesthetic consistency, they can conflict with laws that protect the rights of homeowners to install antennas for television and wireless broadband. However, no federal law currently prevents HOAs from imposing restrictions on amateur radio antennas, leaving many ham radio operators subject to private land use regulations. This legal gap has prompted legislative efforts to extend federal protections to amateur radio operators. This article explores the legal landscape governing external antennas, highlights the rights and limitations imposed by federal law, and provides guidance for homeowners and HOAs seeking to navigate this complex issue.

Federal Laws Governing External Antennas

OTARD: Protecting TV and Wireless Broadband Antennas

The Over-the-Air Reception Devices (OTARD) Rule (47 C.F.R. § 1.4000) was established by the Federal Communications Commission (FCC) to prohibit private land use restrictions that interfere with the installation, maintenance, or use of certain antennas. The rule applies to:

• Satellite dishes one meter or less in diameter.
• TV antennas designed to receive local broadcast signals.
• Fixed wireless broadband antennas for internet services.

Key Provisions:

1. HOAs cannot prohibit the installation of these devices on property under the exclusive control of the homeowner (e.g., private balconies, patios, or backyards).
2. HOAs may enforce reasonable restrictions for safety, structural integrity, or historic preservation, provided they do not increase costs, degrade performance, or delay installation.
3. The rule does not apply to common areas owned by the HOA, such as shared rooftops.

PRB-1: Federal Limits on Local Zoning Laws for Amateur Radio Antennas

PRB-1¹ (47 C.F.R. § 97.15(b)) is an FCC regulation that preempts state and local zoning regulations from unreasonably restricting amateur radio antennas. It requires local governments to provide reasonable accommodation for ham radio antennas while allowing minimal regulation for health, safety, or aesthetics.

PRB-1 states:

"State and local regulations that involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to reasonably accommodate amateur radio communications and to represent the minimum practicable regulation to accomplish the local authority's legitimate purpose."

While PRB-1 ensures that municipalities cannot outright ban ham radio antennas, it does not apply to private CC&Rs imposed by HOAs. This means that HOAs remain free to prohibit amateur radio antennas unless future legislation changes this.

Pending Legislation: S.3690 and H.R.4006

Recognizing the need for stronger federal protection for amateur radio operators in HOA communities, Congress introduced the Amateur Radio Emergency Preparedness Act (S.3690 and H.R.4006). If enacted, these bills would:

1. Prohibit HOAs from imposing blanket bans on amateur radio antennas.
2. Require HOAs to permit effective outdoor antennas for amateur radio use.
3. Allow HOAs to enforce reasonable written rules on the height, placement, and aesthetics of antennas, similar to PRB-1 protections at the municipal level.

This legislation aims to bridge the gap left by PRB-1, ensuring that amateur radio operators can provide critical emergency communications without facing unreasonable HOA restrictions.

Past Efforts: The Amateur Radio Parity Act of 2019

The Amateur Radio Parity Act of 2019 (H.R. 466) attempted to extend PRB-1 protections to private land use restrictions. It sought to:

• Require HOAs to reasonably accommodate amateur radio antennas.
• Allow HOAs to impose minimum practicable restrictions for aesthetic and community interests.
• Maintain HOA authority over common areas while permitting antennas on property under a homeowner’s exclusive control.

While the bill did not pass, it underscored the federal interest in protecting amateur radio operators and laid the foundation for current legislative efforts.

Balancing HOA Interests with Amateur Radio Needs

The HOA Perspective: Why Restrictions Exist

HOAs argue that external antenna restrictions serve to:

• Maintain aesthetic uniformity in the community.
• Protect property values by preventing unsightly installations.
• Minimize potential safety concerns, such as antenna collapses in storms.

Many homeowners willingly choose HOA communities for these regulations, which contribute to a clean, well-maintained environment.

The Amateur Radio Perspective: Why Antennas Matter

Amateur radio operators contend that external antennas are essential for effective communication, particularly for:

• Emergency response and disaster relief when other networks fail.
• Search and rescue operations in remote areas.
• Technical experimentation and education in wireless communications.

Many ham radio operators volunteer their expertise in disaster scenarios, and overly restrictive HOA policies can hinder these critical services.

How to Navigate HOA Restrictions on Antennas

If you are facing an HOA restriction on an external amateur radio antenna, consider these steps:

1. Review Your HOA’s  Covenants, Conditions, and Restrictions (CC&Rs) – Understand whether the restrictions are absolute or allow exemptions.
2. Engage with the HOA Board – Educate them on the public service benefits of amateur radio and propose reasonable accommodations.
3. Suggest Alternative Antenna Designs – Some HOAs may allow stealth antennas, flagpole antennas, or attic-mounted solutions.
4. Reference Federal Law and Pending Legislation – While PRB-1 does not apply, mentioning S.3690/H.R.4006 may encourage the board to adopt fairer rules.
5. Seek Legal Guidance – If the HOA refuses to cooperate, consult an attorney to explore legal options and negotiations.

HOA restrictions on external antennas remain a contentious issue, with strong arguments on both sides. While OTARD protects TV and broadband antennas, amateur radio operators lack similar federal protections, leaving them vulnerable to HOA prohibitions. Pending legislation (S.3690 and H.R.4006) aims to change this, ensuring that ham radio operators can continue to provide critical emergency communications without unnecessary restrictions.

If you are an HOA seeking to craft reasonable antenna policies, or a homeowner facing unfair restrictions, legal guidance can help you navigate this complex issue.

About the Author

Roque Thuo (KF7RCQ) is a licensed attorney (Arizona, California, and USPTO) and a licensed professional electrical engineer (Arizona) specializing in wireless telecommunications law. His dual expertise in legal and technical aspects of antenna installation, RF compliance, and signal propagation analysis allows him to provide comprehensive counsel for homeowners, amateur radio operators, and HOAs. If you need assistance navigating HOA antenna restrictions or crafting legally sound CC&Rs, contact Roque for expert legal and engineering guidance today.

Roque also serves as General Counsel to an Arizona RF engineering firm Rfwel Engineering, LLC. Check them out for engineering support and amateur radio antennas and wireless infrastructure equipment. 

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Category: Wireless Telecom Law

• 3GPP
• Fixed Wireless Access

FWA, or Fixed Wireless Access, is a technology in the telecommunications industry that provides high-speed internet connectivity to households and businesses through wireless radio signals, rather than wired connections like fiber optic cables or coaxial cables.

FWA utilizes wireless technology, such as 4G LTE or 5G NR, to deliver broadband internet services to end-users.

FWA Network Architecture

The FWA network architecture typically consists of a central base station or access point that is connected to the core network (either via a microwave or fiber backhaul), and end-user devices like modems or gateways that receive the wireless signal and provide internet connectivity within a home or business.

FWA Regulatory Landscape

The deployment and operation of FWA networks are subject to various regulatory requirements, such as those established by the FCC in the United States.

These regulations cover aspects like spectrum allocation, transmit power limits, and interference management to ensure the efficient and responsible use of the radio frequency spectrum.

For example, the FCC's Part 96 rules govern the operation of CBRS-based services, including FWA, to protect incumbent users and ensure coexistence with other wireless services

FWA Spectrum and Licensing

The use of these spectrum resources for FWA is closely regulated by the Federal Communications Commission, which sets the rules and requirements for licensing, operation, and interference management to ensure the efficient and lawful deployment of FWA networks across the United States.

FWA can operate on a variety of licensed and unlicensed radio frequency spectrum, including the CBRS 3.5 GHz band. In CBRS application, incumbent users, such as the U.S. Navy, hold Priority Access Licenses in the CBRS band, while General Authorized Access is available for other FWA and wireless broadband providers.

FWA can also leverage unlicensed spectrum, such as the 2.4 GHz and 5 GHz Wi-Fi bands, to provide internet connectivity, especially in areas where licensed spectrum is scarce or expensive.  Alternatively, FWA providers may obtain licensed spectrum through auctions or private leasing arrangements to ensure quality of service and reliability for their customers. Learn more about Spectrum Licensing. 

Contact Us

Kama Thuo, PLLC is a Wireless Telecommunications Law firm with expertise in FCC regulatory counseling and spectrum allocation. Contact us to see how we can assist with FWA applications or other wireless regulatory needs.

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Category: Wireless Telecom Law

• Spectrum
• FCC

The Federal Communications Commission (FCC) oversees the allocation and licensing of frequency bands throughout the United States. As the demand for wireless communication services grows, efficient spectrum management is increasingly important. To achieve this, the FCC partitions the country into various geographic and economic areas for licensing purposes, ensuring a balanced and effective distribution of frequencies.

1. Geographic License Areas

The FCC divides the U.S. into several geographic regions based on specific services, population density, and market dynamics. Key classifications include:

• Cellular Market Areas (CMAs)

CMAs represent the primary geographic framework for cellular services. There are 734 CMAs, which comprise both Metropolitan Statistical Areas (MSAs) for urban centers and Rural Service Areas (RSAs) for less populated regions. While MSAs focus on larger populations, RSAs cater to rural areas, supporting the unique needs of both environments.

Reference: 47 CFR § 22.909.

• Basic Trading Areas (BTAs)

Designed for personal communications services (PCS) and other wireless applications, BTAs consist of 493 smaller geographic areas identified by economic activity and local population centers. Citation: 47 CFR § 24.202(a).

• Major Trading Areas (MTAs)

MTAs are larger than BTAs, consisting of 51 regions that typically encompass several BTAs. They are primarily used for services such as broadband PCS, allowing for broader coverage across multiple markets. Citation: 47 CFR § 24.202(b).

• Economic Areas (EAs)

With 176 defined EAs, these areas service networks like the 220 MHz service and 700 MHz band, facilitating licensing based on economic demand and activity levels. EAs often include combinations of BTAs or CMAs. Citation: 47 CFR § 90.761.

• Regional Economic Area Groupings (REAGs)

Regional Economic Area Groupings (REAGs) consist of 12 larger regions that group multiple EAs to support services that require extensive coverage, enhancing the ability to deliver nationwide communications. Citation: 47 CFR § 27.6.

• Nationwide Licenses

Certain services, such as satellite communications and specific high-demand frequency bands, can be licensed for operation across the entire United States.

2. Regional Divisions

In addition to geographic licensing, the FCC also organizes frequency bands based on broader regional areas:

• Public Safety Regions: The FCC recognizes 55 public safety regions specifically for managing communications in emergencies. These regions are particularly relevant for frequencies operating in the 700 MHz and 800 MHz bands and are structured around state boundaries and geographic characteristics. Citation: 47 CFR § 90.527.
• FCC Regions for Licensing (AM Radio): The U.S. has three distinct FCC regions for AM radio services, each with specific propagation characteristics and frequency allocations. Citation: 47 CFR § 73.21.

3. Rural vs. Urban Areas

The FCC makes distinctions between urban and rural areas for various frequency bands, particularly in mobile services.

• Urban Areas: These regions typically feature more competitive licensing frameworks and are densely populated, often categorized under MSAs.
• Rural Areas: Designed to encourage service deployment in less populated regions, rural areas may be licensed under RSAs or similar geographic classifications.

4. State and County-Based Licensing

In specific cases, such as public safety communications, broadcast frequencies, and microwave services, licenses may be issued on a state or county basis. For instance, the 600 MHz band features county-based licenses to support regional and rural service availability better. Citation: 47 CFR § 27.6.

5. International Boundaries

Given the proximity of Canada and Mexico, the FCC must consider international boundaries when managing the spectrum near these borders. Areas designated as Border Coordination Zones require special attention to prevent cross-border interference, ensuring harmonious spectrum usage. Citation: 47 CFR § 27.57.

Contact Us

Kama Thuo, PLLC is a Wireless Telecommunications Law firm with expertise in FCC regulatory counseling and spectrum allocation. Contact us to see how we can assist with your wireless regulatory needs.

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Category: Wireless Telecom Law

• Equipment Certification
• FCC

The Federal Communications Commission (FCC) has established specific labeling requirements for devices that require certification/compliance. ​ These requirements ensure that products comply with FCC rules and can be easily identified by users and regulators. ​​

See below the general requirements:

1. Physical Labeling:

• FCC Identifier (FCC ID): Every certified product must have a nameplate or label with the FCC ID, as defined in 47 CFR § 2.925. ​ This ID must be accessible when using the product. ​

A close up of a label description with FCC ID

• Placement: The FCC ID must be on the product's surface or within a user-accessible, non-detachable compartment (e.g., battery compartment). ​ The label must be permanently affixed and legible. ​
• Small Devices: If the device is too small to label with a font size of four points or larger, the FCC ID can be placed in the user manual and on the device packaging or a removable label attached to the device. ​

2. Electronic Labeling:

• Built-in Display: Products with a built-in display or those that operate with another product having an electronic display can use electronic labeling (e-labeling) to show the FCC ID and other required information. See 47 CFR § 2.935.

3. Packaging Information:

For equipment with electronic labeling, the following applies as outlined in 47 CFR § 2.935(f)

• E-Label Devices: Devices using e-labeling must also have the FCC ID and other identifying information on the device or its packaging. ​ This ensures the device can be identified at the time of importation, marketing, and sales. ​
• Label Durability: Any removable label must survive normal shipping and handling and should only be removed by the customer after purchase. ​

4. Additional Requirements:

• Signal Boosters: Specific advisories must be included in online and print materials, the owner's manual, installation instructions, and on the device's packaging and label. See 47 CFR § 20.21(f)(1).​
• SDoC equipment: Devices authorized under the Supplier's Declaration of Conformity (SDoC) procedure have the option to use the FCC logo to indicate compliance with the FCC rules and the logo may be included in the instruction materials or as part of an e-label.​ See 47 CFR § 2.1074; see also Wireless Equipment Authorization. 

FCC logo

• RF Exposure Information: Additional user information for RF exposure compliance must be provided either in the instruction manual or through other accessible means. See more on RF exposure in sections 47 CFR § 2.1091 and § 2.1093.​

5. Compliance Statements:

• Part 15 and Part 18 Devices: Devices authorized under Part 15 subject to SDoC or certification shall be labelled as outlined on 47 CFR § 15.19 for part 15 or 47 CFR § 18.212 for part 18.

For a handy lookup of FCC IDs, see the Rfwel Engr Wireless Telecom Research FCC ID page. 

Contact Us

Kama Thuo, PLLC is a Wireless Telecommunications Law firm with expertise in FCC regulatory counseling. Contact us to see how we can assist with equipment authorization.