OTARD fixed wireless signals

I just sent the following email - the response should be illuminating:

to: [email protected]

message:
Is a 'booster antenna' installed in a 'weak' signal area for the purpose of providing wireless telephone service to a private residence covered by OTARD?

Specifically: If my analogue home phone service with all telephone is 'plugged into' a 'cell phone adapter TX/DX box and I need a 'stick' booster am I protected by OTARD?

thank you,
JohnB

So am I.

An opinion by a 'service provider' could be challenged by the HOA (not to mention being self-serving).

An opinion by the HOA is obviously self-serving.

An opinion by an attorney 'may' be "yes'm" self-serving (he gets paid regardless).

I would like the answer 'straight from the horses mouth'.

I'm still waiting ... my next email will request a 'read receipt'.

" America ... LOVE IT --- OR LEAVE IT ..."

I'm sure we all have strong opinions about the good ole' US of A (myself included!!)...let's not bring them here...

Considering what I have read regarding the FCC's rules, if an issue has not been addressed, and the burden falls on the association to prove it, then the matter would have to be resolved with a petition to the FCC, with any delay in installation being a violation of the rules (unless the Association can prove cause of delay would not be a violation of the rules). Considering the FCC's ruling of a wi-fi antenna in the Continental case, I would believe that the FCC would strongly favor the homeowner.

MaryA1 had argued in the previous thread that since the rules do not state cellphone antennas, they are not protected by OTARD and the HOA can enforce their covenants and the homeowner would not be allowed to place their antenna up until the FCC clarifies their position.

I had checked and you cannot mail a petition just for the FCC to offer an opinion, and considering the response MaryA1 had received, they had essentially restated the OTARD factsheet, which seems typical (every time I would email or mail an organization, I would get redirected to someplace else or printouts of their website).

So based on all that, the HOA can make any rule they want about cell phone antennas. The homeowner can choose to abide by that rule. The HOA can choose to enforce their rule. If the homeowner feels that the HOA's rule is a violation of OTARD, they can file a petition. The FCC would make a determination. If the FCC rules in favor of the homeowner, then the antenna stays. If the FCC makes a determination that the HOA is right, then they can enforce their covenant.

This is why in the previous thread, I stated that based on my understanding, the homeowner can keep their antenna up until the FCC makes a ruling, and its up to the HOA to take it however far they want to.

I guess that would be the gamble of interpretation.

I still firmly believe that although the rules do not specifically mention cell phone antennas, they would be covered, much like wi-fi antennas that are not mentioned but have been protected under the Continental ruling.

Here is the FCC's response:

<<
Thank you for contacting the FCC Consumer Center.

The OTARD rules prohibit restrictions on a property owner or tenant's right to install, maintain, or use an antenna to receive VIDEO programming from direct broadcast satellites (DBS), broadband radio services (formerly referred to as multi-channel multipoint distribution services or MMDS), and television broadcast stations (TVBS). Thus the installation of a cellular booster antenna would not fall under the OTARD rules since cellular service is not considered a video service.

Cellular "repeaters", "boosters or "amplifiers" may be installed only by the LICENSEE (cellular service provider). Cellular end users are not the licensee. These fall under Parts 22, 24 and 90 the rules, which are available online from a link at wireless.fcc.gov/rules.html - in particular, see 90.219 and 22.383. Contact the licensee for installation.

The rules are available on-line from wireless.fcc.gov/rules.html

The "FCC Approval" on products is not a license or endorsement, but only states that it has passed examination for use in a particular service under the rules of that service.

Additional language for Part 22 in building:

FCC Rule Section 22.383, "In-building radiation systems" provides that "Licensees may install and operate in-building radiation systems without applying for authorization or notifying the FCC, provided that the locations of the in-building radiation systems are within the protected service area of the licensee's authorized transmitter(s) on the same channel or channel block."

There is no provision for non-licensees installing and/or operating in-building radiation systems.

The following excerpts from FCC rules discuss in-building cellular radiation systems:

47 CFR
Telecommunication
CHAPTER I
FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
SUBCHAPTER B -- COMMON CARRIER SERVICES

PART 22 -- PUBLIC MOBILE SERVICES

[EXCERPTS]

§22.99 Definitions

In-building radiation systems. Supplementary systems comprising low power transmitters, receivers, indoor antennas and/or leaky coaxial cable radiators, designed to improve service reliability inside buildings or structures located within the service areas of stations in the Public Mobile Services.

§22.165 (d) (1) The interfering contours of the additional transmitter(s) must be totally encompassed by the composite interfering contour of the existing station (or stations under common control of the applicant) on the same channel, except that this limitation does not apply to nationwide network paging stations or in-building radiation systems.

§22.352 Protection from interference.

(c) Situations in which no protection is afforded. Except as provided elsewhere in this part, no protection from interference is afforded in the following situations:

(7) In-building radiation systems. No protection is provided against interference to the service of in-building radiation systems (see §22.383).

§22.373 Access to transmitters.

Unless otherwise provided in this part, the design and installation of transmitters in the Public Mobile Services must meet the requirements of this section.

(a) Transmitters and control points, other than those used with in-building radiation systems, must be installed such that they are readily accessible only to persons authorized by the licensee to operate or service them.

(e) Transmitters used with in-building radiation systems must be installed such that, to the extent possible, they are readily accessible only to persons authorized by the licensee to access them.

(f) Transmitters used with in-building radiation systems must be designed such that, in the event an unauthorized person does gain access, that person can not cause the transmitter to deviate from its authorized operating parameters in such a way as to cause interference to other stations.

§22.377 Certification of transmitters.

Except as provided in paragraph (b) of this section, transmitters used in the Public Mobile Services, including those used with signal boosters, in-building radiation systems and cellular repeaters, must be certificated for use in the radio services regulated under this part. Transmitters must be certificated when the station is ready for service, not necessarily at the time of filing an application.

§22.383 In-building radiation systems.

Licensees may install and operate in-building radiation systems without applying for authorization or notifying the FCC, provided that the locations of the in-building radiation systems are within the protected service area of the licensee's authorized transmitter(s) on the same channel or channel block.

§22.537 Technical channel assignment criteria.

The rules in this section establish technical assignment criteria for the channels listed in §22.531. These criteria permit channel assignments to be made in a manner such that reception by public paging receivers of signals from base transmitters, within the service area of such base transmitters, is protected from interference caused by the operation of independent co-channel base transmitters.

(g) In-building radiation systems. The locations of in-building radiation systems must be within the service contour(s) of the licensee's authorized transmitter(s) on the same channel. In-building radiation systems are not protected facilities, and therefore do not have service or interfering contours.

Representative Number : TSR44>>>

Want to eliminate all the cell phone noise? There is an extremely approach for that nowadays: using a mobile jammer. Devices of the kinds such phone jammer, wifi jammer is designed to jam unwanted signal within an specific effective range so that their will be no inappropriate cell phone ringing or network connection.

i know this is an old thread but for the OP if they are still around look into a femtocell that plugs into a internet connection and basically creates a micro cell in you home without an out door antenna. it is a little box with a short permanently attached antenna and plugs into your computer via usb and/or wired network and talks to your provider via the internet and has a micro cellular 4g transceiver in it which sends the signal around your home. it is provided to you by your carrier for a small fee and is covered under their fcc license and requires nothing on your end as far as fcc/regulatory it is simply plug and play.