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Hello everyone.

First, let me start by saying that I've read through quite a few threads on here related to the same subject to see if I could have my question answered. I've read over the OTARD regulation and completely understand that it is within my right to install a satellite dish and the MDU can't prohibit this so long as I abide by certain guidelines - no drilling, can't eclipse the space of a patio, etc - and install it in an exclusive use area - in this case, my back patio which can only be accessed through my apartment.

I will be moving into my first apartment in about 3 weeks and knew upfront that the complex provided renters with only one TV/Internet choice: some Mom 'n Pop "cable company" that acquires a Dish Network signal and then pumps it into all of the properties they own in the area. I was fine with that at first because we love the place and I figured it was within their rights as owners to restrict the service for what would be obvious reasons. In fact, we love the place so much that I ignored the fact that their Dish Network feed (admitted to me multiple times) would cost $20 more per month on each package due to extra fees and more expensive services. It wasn't until this week that I found out about the OTARD regulations and that I actually had a choice should my back patio have LOS.

I just had a not-so-lovely discussion with my soon-to-be property manager over the phone and one of her office lackeys. I first called and politely inquired about any restrictions for installing satellites (knowing full well what she'd say) and the office assistant sternly informed me that I had no choice but take what they provided. She brushed off my sob story of being a current Dish subscriber and said she was sorry but that I had no choice. I then, still politely, asked her if the management was aware of the FCC regulation prohibiting them from not permitting my installation. She hung up.

I called back and got the property manager (who must have been listening in the whole time) and said she was fully aware of the law and that it didn't matter; they were a special case and the regulation didn't apply to them and that it was written into their lease that you couldn't install anything. I calmly asked her to clarify and she said that since they were a private property, that they were within their rights to deny your installation. I asked if that even included in my exclusive use area on the back patio and she said it did include that area as they consider the private patios attached to their units as common areas. At least there's no conflicting terms there.

Where I'm foggy on the OTARD, and where I might have an issue pressing my case, is as follows:

Q: If my association, building management, landlord, or property owner provides a central antenna, may I install an individual antenna?

A: Generally, the availability of a central antenna may allow the association, landlord, property owner, or other management entity to restrict the installation by individuals of antennas otherwise protected by the rule. Restrictions based on the availability of a central antenna will generally be permissible provided that: (1) the person receives the particular video programming or fixed wireless service that the person desires and could receive with an individual antenna covered under the rule (e.g., the person would be entitled to receive service from a specific provider, not simply a provider selected by the association); (2) the signal quality of transmission to and from the person's home using the central antenna is as good as, or better than, the quality the person could receive or transmit with an individual antenna covered by the rule; (3) the costs associated with the use of the central antenna are not greater than the costs of installation, maintenance and use of an individual antenna covered under the rule; and (4) the requirement to use the central antenna instead of an individual antenna does not unreasonably delay the viewer's ability to receive video programming or fixed wireless services.

Click to expand...

As I said, they own the provider that brings in the Dish feed. Is this considered a central antenna, and if so, does this prohibit me from installing my own? My interpretation would be no, based on points 1 and 3 as I'm forced into their service of choice and it is incredibly more expensive to maintain annually. Not only that, but even though it is a Dish feed, I don't get any promos or specials from Dish -or ISpeed for that matter - making the prices even higher. All told, my bill through ISpeed will be $420 more annually based on price increases, lack of actual Dish promos and the lack of the Free HD For Life campaign (I wasn't going to purchase HD through them anyways, but the cost goes into the calculation based on the fact that it's free through Dish).

No matter the responses I get here, I see that I have three options:Really, I don't know that I have much choice in the matter if I don't want to get evicted come time when the first lease expires. Illegal or not, this is the same situation at every complex we looked at in the area, so we're going to have this battle no matter where we go...it's just that we like this apartment itself. There is no "Well you chose to live here" quotient as every situation would be the same, and this city is located the best for our work travel needs going in two different directions. Plus the manager of this property has a reputation of being a real witch, so I'd rather her not treat us like trash for the next year.

I suppose what I'm asking is if you all have any other alternatives or legal protections that would make fighting their "rules" a non-issue when it comes time to sign a new lease. Or, perhaps, a complete **LEGAL** work-around to their restrictions, like using a Slingbox to broadcast a paid-for service in from a different location over the internet.