Condos and the Conversion to Digital TV

Q: Can you discuss what the upcoming digital TV conversion means for people who live in condominiums? For those of us in a multi-dwelling complex, a master antenna has been the usual means for getting good over-the-air reception. The Federal Communications Commission has issued rules that protect the rights of those who opted to have a satellite dish installed on their limited-common-element balcony, as well as the right of those in a complex to purchase cable after a building is wired.

My concern is that not everyone wants cable. I contend that if a condominium has a master antenna, it must not shirk its responsibility to ensure that the master antenna is updated for the digital conversion in February. The structures in the D.C. area create a lot of interference, and the outside antenna is the best means for good reception. Anyone with an older television must purchase the converter box; those with digital-ready sets still need an antenna if they don't have cable.

It seems to me that the intent of the law is for everyone to be able to receive the digital signal, so I think a condo board cannot dictate that an owner must purchase cable.

A: As of Feb. 17, television stations will cease broadcasting using analog signals and will switch to digital. This means that if you have an analog television set, and use an antenna or rabbit ears to watch broadcast programs, you will have to buy a converter box, buy a digital TV, or subscribe to cable or satellite service.

If you receive your television service from a cable or satellite provider, or if you have a digital TV and use an outdoor antenna or rabbit ears, the transition to digital will not affect you. (Many cable providers, such as Comcast, have already switched some channels to digital, requiring customers to purchase a converter box. Comcast's box is available only from that company.)

One FCC rule you refer to is called the Over-the-Air Reception Devices rule, which has been in effect since 1996. It prohibits restrictions on a person's ability to install, maintain or use an antenna for television access. A restriction is not allowed if it "(1) unreasonably delays or prevents use of; (2) unreasonably increases the cost of; or (3) precludes a person from receiving or transmitting any acceptable quality signal from an antenna covered under the rule," according to the FCC.

Community associations can impose restrictions on the placement of antennas or satellite dishes only on common areas. If the property owner has exclusive use in the area where the antenna is to be located -- such as a limited-common-element balcony -- then the no-restriction rule applies.

You raise an interesting issue: If your association has a master antenna that after Feb. 17 will no longer provide you television service, is your board of directors legally obligated to ensure continuous service?

First, do you know whether your current antenna will function after the transition? It might. According to the FCC, "if your television currently receives good quality reception on analog channels 2-51 with a broadcast antenna, it should be able to receive digital television (DTV) signals, including high definition television (HDTV) signals, with the same broadcast antenna."

The FCC has issued a consumer fact sheet, "Antennas and Digital Television," that provides suggestions and tips to improve digital reception (http://www.fcc.gov/cgb/consumerfacts/dtvantennas.html).

You should discuss this issue with members of your board of directors and encourage them to immediately determine if your current antenna system will receive digital transmissions. However, if it will not work, the board will have to decide a number of issues:

· Should it replace or upgrade the system?

· Should it scrap the antenna system completely and arrange for cable service for the entire community? Typically, associations enter into contracts with a cable provider to provide bulk service for all owners. The association pays the bulk rate -- usually less than individual rates -- and includes the bill as part of operating expenses.

· Should it instead let individual owners make their own arrangements, at their own expense?

If the board opts for the second approach, a cable contract, then your legal question becomes relevant. Boards of directors are elected by the owners, and -- subject to any restrictions contained in the association's legal documents -- have fairly broad authority. If the board decides that it wants to enter into a bulk cable contract, I believe it has this right. The FCC provides protections for individual owners. It does not direct the board to maintain its current service.

However, the board should first hold an open meeting and give all owners an opportunity to voice their concerns.

There is a lot of valuable information about the digital conversion on the Internet. In addition to the FCC, the National Association of Broadcasters (http://www.dtvanswers.com) and the National Cable & Telecommunications Association (http://www.ncta.com) have also published their own consumer fact sheets.

Benny L. Kass is a Washington lawyer. For a free copy of the booklet "A Guide to Settlement on Your New Home," send a self-addressed, stamped envelope to Benny L. Kass, 1050 17th St. NW, Suite 1100, Washington, D.C. 20036. Readers may also send questions to him at that address or contact him through his Web site, http://www.kmklawyers.com.