The FCC OTARD rule and Starlink, in plain words

The rule, word for word

OTARD stands for “Over-the-Air Reception Devices”. The rule is section 1.4000 of title 47 of the Code of Federal Regulations, written by the Federal Communications Commission (FCC). It was last amended Apr. 10, 2023 (88 FR 21435). Our copy of the text is from Nov 3, 2026. These are the three passages that matter for a home dish:

In plain words: if a dish is small enough, handles satellite signals, and sits on space you own or rent and use alone, rules that get in the way of installing, maintaining or using it aren’t allowed. “Rules” is broad: laws, zoning, covenants, leases and HOA rules all count.

Does it cover a Starlink dish?

The rule asks four questions. Two answers are the same for every Starlink home dish; two depend on your spot.

Two caveats. The rule and the FCC’s 1998 and 2001 orders name no company, so “covered” is our reading. And we couldn’t read the FCC’s own consumer guide on Nov 3, 2026, so check fcc.gov for its current guidance.

Starlink itself stays out of it: the Terms make you responsible for building codes, zoning, HOA/association rules, lease terms and landlord approvals, and for any permits and fees. The Terms don’t mention the FCC rule, and we found no Starlink help article about HOAs or landlords.

“Exclusive use or control”: whose space is it?

This is where most disputes end up. The FCC’s 1998 order gives examples, and they line up with the kind of home you have:

• Your own house and lot: the roof, the walls and the yard are yours to use.
• A condo: “The Section 207 rules already cover condominium balconies, decks, patios and similar areas over which the condominium unit owner exercises exclusive use and has a direct or indirect property interest even if he or she does not own 100% of that area.” Shared roofs and lawns are not covered.
• A rented home: “Typically, for apartments, this new ruling will include balconies, balcony railings, and terraces; for rented single family homes or manufactured homes which sit on rented property, it will typically include patios, yards or gardens within the leasehold.”
• A manufactured home: the home, and since 1998 the rented lot it sits on.
• Common and restricted areas: outside the rule. The FCC’s example is a building’s rooftop that residents generally can’t reach.

For tenants, the FCC described what is leased as “the apartment but not the roof or exterior walls”. Our reading: don’t drill a building’s outside wall without written permission. Apartments and condos.

What a restriction can’t do

The rule doesn’t only ban outright bans. It bans any restriction that “impairs” a covered dish, and spells out what that means. A restriction impairs if it:

1. Unreasonably delays or prevents installation, maintenance, or use.
2. Unreasonably increases the cost of installation, maintenance, or use.
3. Precludes reception or transmission of an acceptable quality signal.

On fees, the text says: “Any fee or cost imposed on a user by a rule, law, regulation or restriction must be reasonable in light of the cost of the equipment or services and the rule, law, regulation or restriction's treatment of comparable devices.” And no one may take legal action to enforce a banned restriction except through the FCC or a court, as described below.

What an HOA, landlord or town can still require

The rule keeps two kinds of restriction alive, even if they get in the way of a dish:

• Safety. “It is necessary to accomplish a clearly defined, legitimate safety objective that is either stated in the text, preamble, or legislative history of the restriction or described as applying to that restriction in a document that is readily available to antenna users.”
• Historic preservation. “It is necessary to preserve a prehistoric or historic district, site, building, structure or object included in, or eligible for inclusion on, the National Register of Historic Places.”

Safety rules must also be applied the same way to similar fixtures, not aimed at dishes alone. And both kinds must pass one more test: “It is no more burdensome to affected antenna users than is necessary to achieve the objectives described in paragraphs (b)(1) or (b)(2) of this section.” Beyond those, our reading is that a rule which doesn’t impair is fine: asking for the back of the roof is fine if the dish still gets an acceptable signal there without unreasonable cost or delay. Two requests to push back on: painting the dish and covering it. Starlink says not to do either, and that a cover hurts performance.

Can and can’t, at a glance

What to do, step by step

Most disagreements end at step 4 or 5.

1. 01

   Step 1: Find the antenna rule in your papers

   Search your HOA covenants, lease, condo declaration or park rules for “antenna”, “satellite” or “dish”.

2. 02

   Step 2: Scan the spot you want

   Open the Starlink app and scan from the exact spot and height where the dish would go, and from any spot they might prefer. Screenshot every result.

3. 03

   Step 3: Keep the dish inside your own space

   Pick a spot you own or rent and use alone: your roof, yard, private balcony or patio. Shared areas are outside the rule.

4. 04

   Step 4: Tell them in writing

   Say what you’re installing, where, how it’s fixed and why that spot, with the screenshots. Name the rule: 47 CFR 1.4000. Keep a copy.

5. 05

   Step 5: Test any spot they suggest

   If they want a less visible place, scan it. If it still works without real extra cost or delay, taking it keeps the peace.

6. 06

   Step 6: Ask for the reason behind a “no”

   Ask in writing which rule they rely on and its safety or historic reason. The burden of proof is theirs.

7. 07

   Step 7: Know the last step: a petition or a court

   Either side can ask the FCC for a declaratory ruling, or a court. Talk to a lawyer before you file.

How an FCC petition works (from the rule text)

Anyone may ask the FCC (declaratory ruling) or a court whether a restriction is allowed: “Parties may petition the Commission for a declaratory ruling under § 1.2 of this chapter, or a court of competent jurisdiction, to determine whether a particular restriction is permissible or prohibited under this section.” The rule sets these ground rules for petitions to the FCC:

1. Copies of petitions for declaratory rulings and waivers must be served on interested parties, including parties against whom the petitioner seeks to enforce the restriction or parties whose restrictions the petitioner seeks to prohibit.
2. A certificate of service stating on whom the petition was served must be filed with the petition.
3. All allegations of fact contained in petitions and related pleadings before the Commission must be supported by affidavit of a person or persons with actual knowledge thereof.
4. An original and two copies of all petitions and pleadings should be addressed to the Secretary at the FCC's main office, located at the address indicated in 47 CFR 0.401(a).

• Who has to prove it: the party imposing the restriction has the burden of showing it complies.
• Fines while you wait: no attorney’s fees, fines or penalties accrue while a proceeding is pending; after an adverse ruling the user gets at least 21 days to comply.
• The other side’s route: local governments or associations may ask the FCC for a waiver.

The rule text describes a paper filing. Check fcc.gov for how to file today; we couldn’t read it on the date above.