In response to a Notice of Proposed Rulemaking released by the Federal Communications Commission (FCC), CAI submitted comments to the Commission on 5G infrastructure deployment and its impact on community associations. The reason for the rulemaking is due to a request by the Wireless Internet Service Providers Association to the FCC asking the Commission to update the OTARD (Over the Air Reception Device) rule to apply to “all wireless transmitters and receivers, regardless of whether the equipment is used for reception, transmission or both, so long as the equipment meets existing size restrictions for customer-end equipment.”
In 1999, CAI advocated diligently to ensure the community association housing model was considered as the OTARD rule was developed and passed. Previously, the OTARD rule was primarily considered for satellite-type dishes and antennas.
Today, CAI members are supportive of 5G infrastructure deployment—community associations and residents desire access to the next generation of broadband internet service. Community associations will continue to work with communication services providers to site infrastructure necessary to ensure access to 5G services. However, this must occur within well-established boundaries that protect the property rights of community associations and association residents.
CAI urges the FCC to:
- Retain all aspects of the existing OTARD regulatory framework as it applies to forced entry, size and location, exclusive use areas, historic preservation, health, safety, and other considerations regarding covered antennas in community associations.
- Continue to examine the marketplace for quantitative, verifiable evidence supporting the need for additional FCC authorities to advance deployment of 5G infrastructure and work to secure such authorities, if required, from Congress.