SF ISP Competition Ordinance Doesn't Violate OTARD Rule, FCC Says
The FCC Media Bureau dismissed a petition for declaratory ruling by the Multifamily Broadband Council (MBC) alleging Article 52 of the San Francisco Police Code violates the FCC over-the-air reception devices (OTARD) rule. The article requires multi-tenant buildings to allow…
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occupants access to competing communications service providers upon request (see 1704140025). “MBC has not established that it is entitled to relief under the OTARD Rule,” said a May 4 letter to MBC’s attorney, Bryan Tramont of Wilkinson Barker. “We disagree with MBC that permitting additional communications service providers to serve multiple occupancy buildings at the request of occupants, as required under Article 52, impairs the ability of antenna users to install, maintain, or use an antenna covered by the OTARD Rule. Article 52 does not restrict the placement of antennas or any other aspect of antenna installation, use, or maintenance. Rather, Article 52 is directed at inside wiring.” Tramont didn't comment Friday.