What are the substantive requirements for filing a petition for waiver or declaratory ruling?
There is no special form for a petition. You may simply describe the facts, including the specific restriction(s) that you wish to challenge. If possible, attach a copy of the restriction(s) and any relevant correspondence. If this is not possible, be sure to include the exact language of the restriction in question with the petition. General or hypothetical questions about the application or interpretation of the rule cannot be accepted as petitions. Petitions for declaratory rulings and waivers must be served on all interested parties. An entity seeking to impose or maintain a restriction must include with its petition a proof of service that it has served the affected residents. Similarly, an antenna user seeking to challenge the permissibility of a restriction must include with the petition a proof of service that the antenna user has served the restricting entity with a copy of the Petition.
FCC logoFEDERAL COMMUNICATIONS COMMISSION FACT SHEET May 2001 Over-the-Air Reception Devices Rule Preemption of Restrictions on Placement of Direct Broadcast Satellite, Multichannel Multipoint Distribution Service, and Television Broadcast Antennas Quick Links to Document Sections Below • Questions and Answers • Links to Relevant Orders and the Rule • Guidance on Filing a Petition • Where to Call for More Information As directed by Congress in Section 207 of the Telecommunications Act of 1996, the Federal Communications Commission adopted the Over-the-Air Reception Devices Rule concerning governmental and nongovernmental restrictions on viewers’ ability to receive video programming signals from direct broadcast satellites (“DBS”), multichannel multipoint distribution (wireless cable) providers (“MMDS”), and television broadcast stations (“TVBS”). The rule is cited as 47 C.F.R. Section 1.4000 and has been in effect since October 14, 1996.
FEDERAL COMMUNICATIONS COMMISSION FACT SHEET June 1999 FCC logo Over-the-Air Reception Devices Rule Preemption of Restrictions on Placement of Direct Broadcast Satellite, Multichannel Multipoint Distribution Service, and Television Broadcast Antennas Quick Links to Document Sections Below • Questions and Answers • Links to Relevant Orders and the Rule • Guidance on Filing a Petition • Where to Call for More Information As directed by Congress in Section 207 of the Telecommunications Act of 1996, the Federal Communications Commission adopted the Over-the-Air Reception Devices Rule concerning governmental and nongovernmental restrictions on viewers’ ability to receive video programming signals from direct broadcast satellites (“DBS”), multichannel multipoint distribution (wireless cable) providers (“MMDS”), and television broadcast stations (“TVBS”). The rule is cited as 47 C.F.R. Section 1.4000 and has been in effect since October 14, 1996.
To file a Petition for Waiver, follow the requirements in Section 1.4000(c) of the rule. The local government, community association or landlord requesting the waiver must demonstrate “local concerns of a highly specialized or unusual nature.” The petition must also specify the restriction for which the waiver is sought, or the petition will not be considered. To file a Petition for Declaratory Ruling, follow the requirements set forth in Section 1.4000(d) of the rule. Set out the restriction in question so that we can determine whether it is permissible or prohibited under the rule. In a Petition for Declaratory Ruling, the burden of demonstrating that a particular restriction complies with the rule is on the entity seeking to impose the restriction (e.g., the local government, community association or landlord).
To file a Petition for Waiver, follow the requirements in Section 1.4000(c) of the rule. The local government, community association or landlord requesting the waiver must demonstrate “local concerns of a highly specialized or unusual nature.” The petition must also specify the restriction for which the waiver is sought, or the petition will not be considered. To file a Petition for Declaratory Ruling, follow the requirements set forth in Section 1.4000(d) of the rule. Set out the restriction in question so that we can determine whether it is permissible or prohibited under the rule. In a Petition for Declaratory Ruling, the burden of demonstrating that a particular restriction complies with the rule is on the entity seeking to impose the restriction (e.g., the local government, community association or landlord). We recommend that you include the language of the restriction in question, as well as a daytime telephone number, with your petition. While a petition for declaratory ruling
Related Questions
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