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



In the Matter of:

Irvin and Barbara Guterman

Petition for Declaratory Ruling
Pursuant to 47 C.F.R.  1.4000
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CSR 5503-O



                  MEMORANDUM OPINION AND ORDER

     Adopted:  December 6, 2000                    Released:  December 12, 2000

By the Chief, Consumer Protection and Competition Division, Cable Services Bureau:

     I.   background
1.     Petitioners Irvin and Barbara Guterman (herein the "Gutermans"), filed a Petition for
Declaratory Ruling ("Petition") seeking a determination whether Section 8 of the Dumont Oaks
Corporation ("Dumont Oaks") Declaration of Protective Covenants, Restriction and Easements ("CC&Rs)
for the Palatine in Potomac, Maryland, is consistent with the Commission's Over-the-Air Reception
Devices Rule (the "Rule").  Section 8 allows the installation of satellite dishes in certain locations if they
are not visible from the street or another building site.  The Petition also sought a ruling regarding the
validity of a letter sent by Counsel for the Palatine to the Gutermans requesting that they relocate the dish
to an alternative location consistent with the provisions of Section 8.
     II.  discussion
3.     Section 1.4000(g) of the Commission's rules requires that petitions for declaratory rulings be
supported by affidavit.  Specifically, it requires that "[a]ll allegations of fact contained in petitions and
related pleadings before the Commission must be supported by affidavit of a person or persons with actual
knowledge thereof."  The required affidavit is particularly important when someone other than the person
with specific knowledge files the petition.  In the instant case, the Gutermans filed their Petition through
their attorney, but no affidavit was filed with the Petition.  Despite two specific requests from the
Commission, the Petition was neither supplemented nor amended with an affidavit.  On September 13,
2000, Counsel for the Gutermans was notified that if the affidavit was not received by September 28, 2000,
the Petition would be dismissed.  A second letter, sent via Certified Mail, Return Receipt on October 23,
2000, established November 3, 2000 as the deadline for the filing of the affidavit.  No response was
received.  Because the affidavit required by Section 1.4000(g) of the Commission's rules has not been filed
with the Commission, we dismiss the Gutermans' Petition without prejudice.
     IV.  ordering clauses
5.     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 Irvin and Barbara Guterman on April 26, 1999, is DISMISSED.
                         FEDERAL COMMUNICATIONS COMMISSION

                         Deborah E. Klein, Chief
                         Consumer Protection and Competition Division
                         Cable Services Bureau