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Before the
                     Federal Communications Commission
                          Washington, D.C. 20554

In the Matter of:                    )     
Ray and Mary Thweatt                 )     
                                     )
                                     )     CSR 4914-O
Petition for Declaratory Ruling      )
Under 47 C.F.R.  1.4000             )

                                     
                      MEMORANDUM OPINION AND ORDER

        Adopted:  November 26, 1997                Released: 
November 28, 1997  

By the Chief, Cable Services Bureau:

I.      Background

  1.    Petitioners Ray and Mary Thweatt (herein "Thweatts"),
filed a Petition for Declaratory
Ruling ("Petition") seeking a determination that the
Architectural Regulations adopted by the Townes of
Ashleigh of Stafford [Virginia] Homeowners Association, Inc.
(herein "Ashleigh HOA"), which impose
certain restrictions on the installation and placement of
antennas designed to receive video programming,
are preempted by the Commission's Over-The-Air Reception Devices
Rule (the "Rule").  The Petition
also sought the Commission's ruling that Ashleigh HOA's
requirement that the Thweatts move their
satellite dish to comply with the Architectural Regulations was
prohibited by the Rule.

  2.    After the pleading cycle ended, the Thweatts informed the
Commission that they decided
unilaterally to move their antenna to a location approved by
Ashleigh HOA on the back of their roof, and
that Ashleigh HOA had adopted new antenna regulations.

II.     Discussion

  3.    Because the Thweatts have resolved the issue of placement
of their antenna in a manner
satisfactory to both parties, we dismiss the Thweatts' Petition
without prejudice.

III.    Ordering Clauses

  4.    Accordingly, IT IS ORDERED, pursuant to Section 1.4000(d)
of the Over-the-Air
Reception Devices Rule, 47 C.F.R.  1.4000(d), and Section 1.2 of
the Commission's rules, 47 C.F.R. 
1.2, that the Petition for Declaratory Ruling filed by Ray and
Mary Thweatt on October 15, 1996, is
DISMISSED.

  5.    This action is taken by the Chief, Cable Services Bureau,
pursuant to authority delegated
by Section 0.321 of the Commission's rules.  47 C.F.R. 0.321.

        FEDERAL COMMUNICATIONS COMMISSION


        
        Meredith J. Jones
        Chief, Cable Services Bureau