PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554                                 DA 97-1015

News media information (202) 418-0500     Fax-On-Demand (202) 418-2830     Internet:  http://www.fcc.gov    ftp.fcc.gov
                                        
                    CABLE SERVICES ACTION            May 14, 1997

PETITION FILED SEEKING DECLARATORY RULING THAT CERTAIN PROVISIONS
OF A HOMEOWNERS ASSOCIATION COVENANT ARE PREEMPTED BY THE
COMMISSION'S OVER-THE-AIR RECEPTION DEVICES RULE

     The Commission has received a Petition for Declaratory Ruling filed by Otto and Ida Trabue
of Avondale, Arizona, in which Petitioners ask the Commission to determine whether Garden Lakes
Community Association's requirement that they paint their 18" direct broadcast satellite antenna is
preempted by  1.4000 of the Commission's rules.  Petitioners allege, among other things, that the
painting requirement impairs the installation, maintenance, and use of their antenna in that the
painting requirement unreasonably increases the cost of installing, maintaining, and using their
antenna.

     The Petition is available for public inspection in the Cable Services Bureau Public Reference
Room:     
               2033 M Street, N.W., Room 333
               Washington, D.C.
               (202) 418-7092

Copies of the Petition and other pleadings may be purchased from:

               ITS, Inc.
               1231 20th Street, N.W. 
               Washington, D.C. 20036
               (202) 857-3800    (202) 857-3805 facsimile    http://www.itsi.com

     Parties may file responses to the Petition on or before June 13, 1997 and replies on or before
June 30, 1997.  Please place the case identifier CSR-4974-O on all pleadings.  An original and two
copies of all pleadings should be addressed to:

               Office of the Secretary
               Federal Communications Commission
               1919 M Street, N.W.
               Washington, D.C. 20554
               Attn: Cable Services Bureau

     One copy of each pleading must also be served on all parties.

Media Contact: Morgan Broman, (202) 418-2358
Cable Services Bureau Contact:  Allan Manuel, (202) 418-1047
                            -- FCC --