PREEMPTION! The FCC’s Adoption of the OTARD Rules and Their Application to Condominium and Homeowners Associations
In Section 207 of the Telecommunications Act of 1996 (the “Act”), Congress directed the Federal Communications Commission (“FCC”) to adopt rules concerning Over-the-Air Reception Devices (“OTARD”) in order to provide limitations and guidance on governmental and non-governmental restrictions on viewers’ ability to receive certain over the air telecommunications. In October 1996 the FCC adopted 47 CFR § 1.4000 (the "OTARD…
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