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 PUBLIC  NOTICE  FEDERAL  COMMUNICATIONS  COMMISSION  445  12th  STREET,  S.  W.  WASHINGTON,  D.  C.  20554  DA  00-  196  News  media  information  202/  418-  0500  Fax-  On-  Demand  202/  418-  2830  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov 
 CABLE  SERVICES  BUREAU  ACTION  February  4,  2000 
 PETITION  SEEKING  DECLARATORY  RULING  THAT  CERTAIN  RESTRICTIONS  OF  A  HOMEOWNERS  ASSOCIATION  ARE  PREEMPTED  BY  THE  COMMISSION’S  OVER-  THE-AIR 
 RECEPTION  DEVICES  RULE 


 The  Commission  has  received  a  Petition  for  Declaratory  Ruling  from  Dr.  and  Mrs.  Irvin  Guterman  asking  the  Commission  to  determine  whether  the  Dumont  Oaks  Corporation  (“  Dumont  Oaks”)  Declaration 
 of  Protective  Covenants,  Conditions,  Restrictions  and  Easements  (CC&  R’s)  for  The  Palatine  in  Potomac  restricting  installation  and  placement  of  television  antennas  and  satellite  dishes  is  preempted  by  Section 
 1.4000  of  the  Commission’s  rules.  The  Petition  alleges  that  the  Dumont  Oaks  covenants  violate  the  Commission’s  rule  preempting  restrictions  that  impair  installation,  maintenance  or  use  of  over-  the-  air 
 reception  devices  (satellite  dishes  and  antennas)  by  requiring  prior  approval  and  restricting  placement.  The  Palatine  in  Potomac  is  located  in  Potomac,  Maryland. 


 For  purposes  of  our  ex  parte  rules,  this  proceeding  will  be  considered  as  non-  restricted  pursuant  to  Section  1.1206  of  the  Commission’s  rules  (“  Permit-  but-  disclose  proceeding”). 
 Parties  may  file  responses  to  the  Petition  on  or  before  March  6,  2000  and  replies  on  or  before  March  21,  2000.  Please  place  the  case  identifier,  CSR-  5503-  O,  on  all  filings. 
 The  Petition  is  available  for  public  inspection  in  the  Commission’s  Reference  Information  Center,  Court  Yard  Level: 
 445  12  th  Street,  S.  W.  Washington,  D.  C.  20554 
 (202)  418-  7092 
 Copies  of  the  Petition  and  other  pleadings  are  available  for  purchase  from: 
 ITS,  Inc.  1231  20  th  Street,  N.  W. 
 Washington,  D.  C.  20036  (202)  857-  3800 
 Facsimile:  (202)  857-  3805  http://  www.  itsdocs.  com 
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 When  filing  responses  or  replies,  an  original  and  two  copies  of  all  pleadings  should  be  addressed  to: 
 Office  of  the  Secretary  Federal  Communications  Commission 
 445  12  th  Street,  S.  W.  Washington,  D.  C.  20554 
 Attn:  Cable  Services  Bureau 
 One  copy  of  each  pleading  must  also  be  served  on  all  parties. 
 Media  Contact:  Michelle  Russo  at  (202)  418-  2358.  Cable  Services  Bureau  Contact:  Roberto  Rodas  at  (202)  418-  1024. 
 TTY:  (202)  418-  7172. 


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