PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554                                  DA 98-763

News media information 202/418-0500     Fax-On-Demand  202/418-2830     Internet:  http://www.fcc.gov    ftp.fcc.gov


                      CABLE SERVICES ACTION        April 21, 1998



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


     The Commission has received a second Petition for Declaratory Ruling from Victor Frankfurt asking
the Commission to determine whether the New Century Town Townhouse Association's  (New Century)
covenants and regulations restricting installation and placement of television antennas and satellite dishes are
preempted by Section 1.4000 of the Commission's rules.  The Petition alleges that the New Century covenants
and regulations, revised following the Declaratory Ruling In re Victor Frankfurt issued October 31, 1997 (DA
97-2305), violate the Commission's rule preempting restrictions that impair installation, maintenance or use
of over-the-air reception devices (satellite dishes and antennas) because they require antennas to withstand 100
mph winds and display the Underwriters Laboratory label, as well as conform to height, placement and other
restrictions.  New Century is located in Vernon Hills, Illinois.

     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. 20554
                    (202) 418-7092

Copies of the Petition and other pleadings are available for purchase 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 May 21, 1998 and replies on or before June 5,
1998.  Please place the case identifier, CSR-5238-O, on all filings.
     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:  Eloise Gore, (202) 418-1066
TTY:  (202) 418-7172.



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