[time-nuts] FCC OTA pre-emption and restrictions on GPS antennas [was: Short term 10MHz source]

[Gregory Maxwell]

On Wed, Jan 2, 2019 at 4:03 AM Chris Burford <cburford1 at austin.rr.com> wrote:
> My current residence does not allow a permanent GPS antenna therefore I am limited in its use.

[separate thread since I'm not answering the question that was actually asked.]

Perhaps not applicable to your situation, but in the US federal law
(47 C.F.R. Section 1.4000) substantially prohibits any restriction--
be it a local ordnance, zoning, deed covenant, private contract as
part of a lease, etc-- that prevents installing or using small (<1m)
antennas for data services in locations where you otherwise have
exclusive use. [AFAIK, it doesn't help if you're buried in a basement
and just don't have sky access at all]

My understanding is that originally the law went was created to
protect satellite TV services which were being impacted by cable
companies paying off developers to add deed restrictions that
prohibited any satellite TV dish, but over time it was amended to
cover more things including data services.

The FCC has a FAQ: https://www.fcc.gov/media/over-air-reception-devices-rule

I've never previously considered the application of this rule to GPS
antennas, since they're small and inconspicuous enough that I've never
run into much of a concern with them.

I am not a lawyer but it seems to me that the rule plausibly enough
covers a fixed GPS antenna. Someone having an issue getting approval
to install one could potentially make use of the rule in a couple
different ways:

* By arguing that the GPS timing receiver is covered by the current
rule and that federal law pre-empts any rule preventing the
installation, or
* Putting up an antenna under another service which is more obviously
covered (e.g. there are a number of L-band data services...) and
swapping out for the GPS after the fact, or
* By negotiating using the position that your alternative to running
the timing antenna would be installing a much more conspicuous 95cm
satellite TV dish ... "So, wouldn't everyone be happier if I could
just install the GPS antenna".

If a time-nut in the US has found themselves in the unfortunate
situation where a small-minded authority (such as a HOA) is
capriciously denying setting up a tastefully placed timing antenna one
of the above strategies might be useful.