FCC Releases OTARD Report and Order

On January 7, 2021, the FCC released a Report and Order (“R&O) updating the FCC’s rule for over-the-air reception devices (“OTARD”).  The R&O expands the OTARD rule to include hub and relay antennas that are used for the distribution of fixed wireless services to multiple customer locations, regardless of whether that is their primary purpose, provided that: (1) the antenna serves a customer on whose premises it is located, and (2) the service provided over the antenna is broadband-only.  The rule’s other requirements, which state that antennas must be less than one meter in diameter or diagonal measurement, that they apply to property where the user has a direct or indirect ownership or leasehold interest, and that restrictions necessary for safety and historic perseveration are excepted, remain in place.

 

Chairman Pai and Commissioner Carr issued separate statements supporting the R&O; Commissioners Rosenworcel and Starks issued separate statements concurring with the R&O.

 

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