Federal Communications Commission DA 97-2508
Before the
Federal Communications Commission 
Washington, D.C. 20554
In the Matter of: ) 
Ray and Mary Thweatt )
)) CSR 4914-O
Petition for Declaratory Ruling )
Under 47 C.F.R. § 1.4000 )
MEMORANDUM OPINION AND ORDER 
Adopted: November 26,1997 Released: November 28,1997
By the Chief, Cable Services Bureau: 
I. Background
1. Petitioners Ray and Mary Thweatt (herein "Thweatts"), filed a Petition for Declaratory 
Ruling1 ("Petition") seeking a determination that the Architectural Regulations adopted by the Townes of 
Ashleigh of Stafford [Virginia] Homeowners Association, Inc. (herein "Ashleigh HOA"), which impose 
certain restrictions on the installation and placement of antennas designed to receive video programming, 
are preempted by the Commission's Over-The-Air Reception Devices Rule (the "Rule").2 The Petition 
also sought the Commission's ruling that Ashleigh HOA's requirement that the Thweatts move their 
satellite dish to comply with the Architectural Regulations was prohibited by the Rule.
2. After the pleading cycle ended, the Thweatts informed the Commission that they decided 
unilaterally to move their antenna to a location approved by Ashleigh HOA on the back of their roof, and 
that Ashleigh HOA had adopted new antenna regulations.3
IL Discussion
3. Because the Thweatts have resolved the issue of placement of their antenna in a manner 
satisfactory to both parties, we dismiss the Thweatts' Petition without prejudice.
'In the matter of Ray and Mary Thweatt, Petition for Declaratory Ruling (filed Oct. 15, 1996) ("Petition").
247 C.F.R. § 1.4000 (1996). The Rule prohibits governmental and private restrictions that impair the ability of 
antenna users to install, maintain, or use over-the-air reception devices. Pursuant to the Commission's declaratory 
ruling procedures, see 47 C.F.R. § 1 2, parties may petition the Commission to declare whether a particular restriction 
is permissible or prohibited under Section 1.4000. 47 C.F.R. § 1.4000(d).
'See Thweatts' post-reply letter dated June 20, 1997 and Townes of Ashleigh of Stafford Homeowners 
Association Administrative Resolution 97-02 (Antennas)", attached thereto.
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Federal Communications Commission DA 97- 2508
Ordering Clauses
4. Accordingly, IT IS ORDERED, pursuant to Section 1.4000(d) of the Over-the-Air 
Reception Devices Rule, 47 C.F.R. § 1.4000(d), and Section 1.2 of the Commission's rules, 47 C.F.R. § 
1.2, that the Petition for Declaratory Ruling filed by Ray and Mary Thweatt on October IS, 1996, is 
DISMISSED.
5. This action is taken by the Chief, Cable Services Bureau, pursuant to authority delegated 
by Section 0.321 of the Commission's rules. 47 C.F.R. §0.321.
FEDERAL COMMUNICATIONS COMMISSION
Meredith J. Jones
Chief, Cable Services Bureau
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