Apartment Forcing Dish Removal !!!

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kslot1982

Active SatelliteGuys Member
Jul 13, 2004
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OK guys I need your help with this one! I currently live in an apartment complex that offers D* and E* thru a whole apartment type setup....The crutch is that thru this i would get no HD from D*....Also they would charge me extra for using there dish. Now this is the problem, I have had my dish zip tied to side of my balcony for almost 7 months with no complaints. The leasing agent told me that her boss had a meeting with the people who runs there satellite feed thru the complex and they weren't happy with the 15 ppl that leave using there own dish instead of there dish. I really don't...no I cant take my dish down because of the way my aparment facing putting the dish in a bucket i would get no signal.....PLZ HELP WITH ANY INPUT OR LEGAL SOMETHING YOU CAN COME UP WITH!!!
 

ConcreteEnema

Member
Jun 18, 2004
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If it's inside your balcony, you don't have to take it down...

Section 207 of the Telecommunications Act of 1996 directed the FCC to create the "Over the Air Reception Devices Rule". This rule is cited as 47 D.F.R. Section 1.4000 and has been in effect since October 14, 1996. It prohibits restrictions that impair the installation, maintenance, or use of antennas used to receive video programming. The rule applies to video antennas including satellite dishes that are less than one meter in diameter.

Effective January 22, 1999, the FCC amended the rule so that it also applies to rental property where the renter has an exclusive use area, such as a balcony or patio.

Therefore, they have no legal right to force you to remove the satellite dish if it is placed on your balcony, provided the location in which it is placed lies completely in your exclusive use area. (This means that they can have it removed if it is attached to the side of the building in a 'public' space, but not if it's in your own 'private' space on your balcony).

You should be able to find the text of the Act and the Rule on the web. Print it out and tell your landlord where he can stick it...
 

ShadowEKU

Expert in the Making
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Jul 13, 2004
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Frankfort, KY
ConcreteEnema said:
Section 207 of the Telecommunications Act of 1996 directed the FCC to create the "Over the Air Reception Devices Rule". This rule is cited as 47 D.F.R. Section 1.4000 and has been in effect since October 14, 1996. It prohibits restrictions that impair the installation, maintenance, or use of antennas used to receive video programming. The rule applies to video antennas including satellite dishes that are less than one meter in diameter.

Effective January 22, 1999, the FCC amended the rule so that it also applies to rental property where the renter has an exclusive use area, such as a balcony or patio.

Therefore, they have no legal right to force you to remove the satellite dish if it is placed on your balcony, provided the location in which it is placed lies completely in your exclusive use area. (This means that they can have it removed if it is attached to the side of the building in a 'public' space, but not if it's in your own 'private' space on your balcony).

You should be able to find the text of the Act and the Rule on the web. Print it out and tell your landlord where he can stick it...

This is of course only pertinent if you have to have that extra sat signal. and if they offer to put up a tripple lnb (phase 3) dish you kinda have to abide taht rule.

Jus tlet them know first off that you are getting programming that you cannot through their system.
 

slacker9876

Professional Amatuer
Supporting Founder
May 20, 2004
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I do not think under OTARD that you are covered. I am not a lawyer but the rule as it applies to condo owners and HOA is "exclusive use" areas only. Since you do not own the apartment, there is no exclusive use, you may not be covered. You should drop the FCC a line to determine for sure, however, their website stinks for contacting people.
 

Mr Tony

SatelliteGuys Pro
Supporting Founder
Nov 17, 2003
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Mankato, MN
slacker9876 said:
I do not think under OTARD that you are covered. I am not a lawyer but the rule as it applies to condo owners and HOA is "exclusive use" areas only. Since you do not own the apartment, there is no exclusive use, you may not be covered. You should drop the FCC a line to determine for sure, however, their website stinks for contacting people.

yes it is

from the doc
"Effective January 22, 1999, the Commission amended the rule so that it also applies to rental property where the renter has an exclusive use area, such as a balcony or patio"
 

n0qcu

Supporting Founder
Supporting Founder
Sep 7, 2003
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kslot1982 said:
Now this is the problem, I have had my dish zip tied to side of my balcony for almost 7 months with no complaints.
I think what you say here is your problem. You have your dish attatched to the side of you balcony. It must be INSIDE the balcony. Which you say wont work. (the bucket comment you made). So you would NOT be covered by the FCC rules.
 

Hogarth

SatelliteGuys Pro
Sep 15, 2004
474
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Somewhere, OK
n0qcu said:
I think what you say here is your problem. You have your dish attatched to the side of you balcony. It must be INSIDE the balcony. Which you say wont work. (the bucket comment you made). So you would NOT be covered by the FCC rules.

n0gcu hit the nail on the head. They can't stop you from putting anything on your balcony, but they can stop you from mounting ANYTHING directly to the building.

That's why devices like those seen below exist.
They can't legally get you to get rid of one of the below. (And when they see it, they'll wish they left you with the ziptied version!)
http://www.valueelectronics.com/accessories.htm
(scroll down just a little)
 

Hall

SatelliteGuys Master
Feb 14, 2004
18,409
3,194
Germantown OH
ShadowEKU said:
This is of course only pertinent if you have to have that extra sat signal. and if they offer to put up a tripple lnb (phase 3) dish you kinda have to abide taht rule.

Jus tlet them know first off that you are getting programming that you cannot through their system.
Yes, they may have him on this..... Interesting how most people ignore the parts that they don't like though. From the FCC document:

In addition, under some circumstances, the availability of a central or common antenna can be used by a community association or landlord to restrict the installation of individual antennas

Sounds like the apt complex/management isn't entirely ignorant on the FCC's rulings.

Maybe the OP could give them his multi-satellite dish in exchange for them waiving the "fee" they charge to use the common dish. :) He'd get his HD too.
 

ShadowEKU

Expert in the Making
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Jul 13, 2004
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Frankfort, KY
hall said:
Maybe the OP could give them his multi-satellite dish in exchange for them waiving the "fee" they charge to use the common dish. :) He'd get his HD too.

Except likely they would have to upgrade all their switches which would cost them more fuss than just letting him keep his dish.
 

JosephB

SatelliteGuys Pro
Dec 21, 2004
1,234
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Birmingham, Alabama
What's the rental fee? And I think you could get a favorable ruling from the FCC due to the fact that you can't get the signal you want through their dish. They can't restrict you from getting all the service you want, if its available through a single antenna. Also, the rental fee can't be "excessive". At any rate, if you put a dish cemented in a bucket, I don't think they'd have any right under any circumstances, OTARD or not to make you remove it.
 

h0m3rs1mps0n

SatelliteGuys Family
Aug 20, 2004
79
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hey Hall!

I know you from the earthlink DSL forum on dslreports. Its a small world.

***In regards to the OP if your dish is mounted to the structure at all they can make you take it down.

I think you are out of luck on this one. What company is the provider in your complex? I would like to know how they can feed E* AND D* over one network. I don't think both services are available, more than likely it is one or the other.

Most common is a SMATV or QAM setup using a head end, and depending on which one, HD would or would not be available. If you tell me what company services there, I might be able to help.
 

Tom Cahill

SatelliteGuys Family
May 12, 2004
71
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South Carolina
There is also a section that states that they can not charge you any fees for use of "their" dishes.

You can try using a bucket mounted pole,then fasten your dish mounting arm to the pole.It should allow the dish to stick out far enough to receive the same quality signal you have now,and you are not mounted to "their" balcony.If that still isn't far enough out lean the arm out and change (increase) your elevation on the dish.
 

kslot1982

Active SatelliteGuys Member
Jul 13, 2004
15
0
I would like thank everyone for all the insight and help. The apartment complex doesn't seem to be budging on this and have giving me an ultimate deadline of 2-4-05....So well see in a couple days!
 

JosephB

SatelliteGuys Pro
Dec 21, 2004
1,234
145
Birmingham, Alabama
are you insisting on leaving it attached to the balcony? Just get a 5 gallon bucket and cement a pole in it. then mount the dish on that. They cannot tell you that you can't use that, as its not permanently attached and it would be entirely inside your exclusive use area. there is a phone number you can call to the FCC to complain and get a resolution to this, although I'm not sure what it is.
 

ShadowEKU

Expert in the Making
Supporting Founder
Jul 13, 2004
1,829
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Frankfort, KY
kslot1982 said:
I would like thank everyone for all the insight and help. The apartment complex doesn't seem to be budging on this and have giving me an ultimate deadline of 2-4-05....So well see in a couple days!

Have you checked to make sure you cant get the HD sat using their Dish? If not you need to tell them that they can either provide it or let you use your dish (granted you cant have it mounted there... i suggest the bucket as well). If they Try to evict, or fine you you need to contact a lawyer and the fcc. they cant evict you over it if you know te law. also if they come and remove it themselves.. if they try to A. Keep it (not giving it back when asked) or B. Try to charge a Fee to get it back it (In the eyes of the Law) is theft
 
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