FCC: Agency Followed Its Rules in OTARD Legal Fight

The FCC's over-the-air reception devices (OTARDs) rule clearly requires a regular human presence at an antenna's location, and the agency had plenty of evidence that Indian Peak Properties failed to argue its antenna fell within the rule's scope, the commission told the U.S. Court of Appeals for the District of Columbia Friday. Indian Peak is appealing an FCC order denying Indian Peak's petitions for declaratory ruling seeking a federal preemption under the OTARDs rule of a decision by Rancho Palos Verdes, California, to revoke, under local ordinances, the company’s conditional use permit for the deployment of rooftop antennas on a local property (see 2405060035). In a docket 24-1108 respondent brief, the FCC said Friday that using the service provided by the antenna requires a human presence. It "does not mean it can put an antenna on an empty building and claim the Rule’s protection from valid zoning laws," the FCC said. The commission said that while Indian Peak argues the FCC should have put the company's petitions on public notice, initiating a proceeding, not doing so didn't deprive Indian Peak of the antennas' use, as it was the city, using California courts and their due process, that resulted in Indian Peak removing its antennas.