Telecommunications Act of 1996; Preemption of Restrictions on Over-the-Air Reception Devices

The Report and Order (``R&O'') implements Section 207 of the Telecommunications Act of 1996. Section 207 directs that the Commission shall: ``pursuant to Section 303 of the Communications Act, promulgate regulations to prohibit restrictions that impair a viewer's ability to receive video programming services through devices designed for over- the-air reception of television broadcast signals, multichannel multipoint distribution service or direct broadcast satellite services.'' The R&O prohibits restrictions that impair a viewer's ability to install, use and maintain devices used to receive TVBS, MMDS and DBS signals on property within the exclusive use or control of the antenna user and in which the user has a direct or indirect ownership interest. The Memorandum Opinion and Order (MO&O) addresses petitions for reconsideration in IB Docket No. 95-59 as they relate to implementation of Section 207. The intended effect of this R&O and MO&O is to complete the implementation of Section 207 of the Telecommunications Act of 1996. The R&O and MO&O will foster competition among video programming service providers and will increase consumer options for receiving video programming.