PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554                                  DA 99-839

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

                                                                 
                    CABLE SERVICES ACTION          Released:  May 5, 1999
                              
                                 

PETITIONS SEEKING DECLARATORY RULINGS THAT CERTAIN RESTRICTIONS OF
HOMEOWNERS ASSOCIATIONS ARE PREEMPTED BY THE COMMISSION'S OVER-THE-AIR
RECEPTION DEVICES RULE


     The Commission has received a Petition for Declaratory Ruling from Bell Atlantic Video Services
asking the Commission to determine whether the Meadow Community Service Association's ("Meadow")
covenants 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 Meadow covenants violate the
Commission's rule preempting restrictions that impair installation, maintenance or use of over-the-air reception
devices (satellite dishes and antennas) by requiring prior approval and restricting placement.  The Meadow is
located in New Market, Maryland.

     Parties may file responses to the Petition on or before June 4, 1999 and replies on or before June 21,
1999.  Please place the case identifier, CSR-5398-O, on all filings.


     The Commission has also received a Petition for Declaratory Ruling from Stanley and Vera Holliday
asking the Commission to determine whether the Crooked Creek Villages Homeowners' Association, Inc.
("CCVHA") covenants, conditions and restrictions 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
CCVHA covenants, conditions and restrictions violate the Commission's rule preempting restrictions that
impair installation, maintenance or use of over-the-air reception devices (satellite dishes and antennas) by
requiring prior approval.  Petitioners also challenge CCVHA's position restricting the number of antennas,
satellite dishes, poles and wires that a viewer can install.  CCVHA is located in Indianapolis, Indiana.

     Parties may file responses to the Petition on or before June 4, 1999 and replies on or before June 21,
1999.  Please place the case identifier, CSR-5399-O, on all filings.

     Each Petition is available for public inspection in the Commission's Reference Information Center,
Court Yard Level:
                    445 12th Street, S.W.
                    Washington, D.C. 20554
                    (202) 418-7092

     Copies of the Petitions 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.itsdocs.com

     When filing responses or replies, an original and two copies of all pleadings should be addressed to:

                    Office of the Secretary
                    Federal Communications Commission
                    445 12th Street, S.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
               Roberto Rodas (202) 418-1024






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