This is a plain summary of a federal rule, not legal advice. For a dispute, read the rule itself or talk to a lawyer.
What does the OTARD rule cover?
The FCC's over-the-air reception devices rule is at 47 CFR 1.4000 (eCFR). It applies to restrictions from HOAs, condo associations, landlords, local governments and deed covenants. For TV, it covers "an antenna that is used to receive television broadcast signals," plus the mast that holds it up.
It protects your antenna on property within your exclusive use or control, where you have a direct or indirect ownership or leasehold interest. A restriction is prohibited if it:
- unreasonably delays or prevents installation, maintenance or use;
- unreasonably increases the cost; or
- precludes reception of an acceptable quality signal.
The FCC also publishes a consumer guide to the rule (FCC).
Does it apply if you rent?
Yes. The FCC extended the rule to rented property in its Second Report and Order, effective January 22, 1999. It covers areas the tenant has exclusive use of, and the FCC named "balconies, balcony railings, patios, yards, gardens" as examples (Federal Register).
What isn't covered?
- Common areas. A shared roof, hallway or exterior wall that you don't have exclusive use of isn't covered. You need permission from the owner or association to use those.
- Safety rules. A restriction can stand if it serves a clearly defined safety goal, but it must be no more burdensome than necessary.
- Historic preservation. Rules to preserve a designated historic district can also apply, with the same limit.
Is there a size limit?
Not for TV antennas. The rule's one-meter limit applies to satellite dishes and some fixed wireless antennas. The section covering TV broadcast antennas has no size limit (47 CFR 1.4000).
Can an HOA charge fees or require approval?
Only within limits. Under the rule, fees must be reasonable, and a requirement that unreasonably delays installation or adds cost is prohibited. In a dispute, the party imposing the restriction has to prove that it's allowed.
What happens in a dispute?
Either side can ask the FCC for a declaratory ruling or go to a court with jurisdiction. While that proceeding is pending, the restriction can't be enforced (safety and historic rules aside), and no fines or attorney's fees can accrue. If the ruling goes against you, you get at least 21 days to comply.
Should you put the antenna outside or in the attic?
An outdoor antenna usually gets the best signal. Many people choose the attic for looks even though the rule lets them put one outside (Antennas Direct). Our attic guide covers how much signal that costs, and your city page shows which way to aim.