FCC ruling, apartment, tree blocking dish located in patio

  • WELCOME TO THE NEW SERVER!

    If you are seeing this you are on our new server WELCOME HOME!

    While the new server is online Scott is still working on the backend including the cachine. But the site is usable while the work is being completes!

    Thank you for your patience and again WELCOME HOME!

    CLICK THE X IN THE TOP RIGHT CORNER OF THE BOX TO DISMISS THIS MESSAGE

ernestopele

New Member
Original poster
May 4, 2012
4
0
California
I hope this is the right forum. If it is not, I would appreciate knowing which one is.

I have four questions. The first one is legal and the second, third, and fourth ones are technical.

I live in Livermore, CA in an apartment complex. My apartment is at ground level and has a small patio, which is mine to use. The patio points south. My DISH satellite dish is within my patio and is on a tripod.

There is a tree that is located exactly one meter outside my patio, pointing south. It poses no problems during fall and winter, because all the leaves have fallen. When spring rolls around, the tree grows new branches and leaves and blocks my satellite signal. My previous landlords have been very understanding, and every spring, when the gardners come, they trim back the lower part of the tree, and that is sufficient to obtain once again a strong signal. Unfortunately, the current landlord is not so kind.

I recently read the FCC ruling:

A: The rule prohibits restrictions that impair a person's ability to install, maintain, or use an antenna covered by the rule... A restriction impairs if it: ... (3) precludes a person from receiving or transmitting an acceptable quality signal from an antenna covered under the rule....

The acceptable quality signal standard is different for devices designed to receive digital signals, such as DBS antennas, digital broadband radio service antennas, digital television ("DTV") antennas, and digital fixed wireless antennas. For a digital antenna to receive or transmit an acceptable quality signal, the antenna must be installed where it has an unobstructed, direct view of the satellite or other device from which signals are received or to which signals are to be transmitted. Unlike analog antennas, digital antennas, even in the presence of sufficient over-the-air signal strength, will at times provide no picture or sound unless they are placed and oriented properly....

My first question is the following. My satellite is within my patio. It complies with all the rules. Does the tree mentioned above qualify as a restriction that impairs my ability from "receiving or transmitting an acceptable quality signal from an antenna covered under the rule."? If it is, I can present a valid complaint to both local government and FCC.

My bedroom window also points south and is a couple of meters to the right of my patio. The window is a sliding glass window. The left side is not covered by a screen mesh, the right side is. If my current landlord is unwilling to help me, my plan B is to place my satellite dish inside my bedroom in front of the window. My technical questions are the following:

* I understand thare are meters that can test for signal strength from a given location. Are they avaiable at places like Radio Shack, etc., or do only the techs have them?

* If I place my satellite dish in my bedroom, the coxial cable from the dish to my DVR will have to be at least 4+3+4 = 15 meters. Will I need some kind of amplifier every X meters to keep the signal at an acceptable level?

* If I have to place my satellite dish on the right side of my bedroom window, is the screen going to present any problems? I don't know what kind of metal it's made of, but I wondered if it would interfer with the satellite signal.

Thanks much.

Ernesto
 
There are others more knowledgeable, but I don't think the tree qualifies as a restriction. The clause is meant to prevent landlords from imposing rules and restrictions that prevent a dish, I don't think a landscaping feature would qualify. The only question would be if the prior owner's cooperation might grandfather you in somehow, but that would be a tough case to make.

The cable distance for the window placement is not an issue. I think something like 200 feet is the spec, and you are way below that.
 
Trim the offending tree branches back during the night while no one is watching.;)
 
It is no different than owning a house and a neighbor's tree is in the way. It's not on your property or an area solely for you so it's not in your control. As mentioned the length of cable run is fine. Can you just remove the screen?
 
Plain and simple either polish up your butt kissing shoes or get your landloard drunk and have him agree to it under those circumstances. Seriously, what about possibly looking into another unit to move to within the building/complex?
 
Appreciate the info. You're hired!

I just recently found out that several renters in my apartment complex are in the same boat. I have a paralawyer friend who's going to do some research for me, and if he says I have a case, I'll talk to both the FCC and my local government. I don't expect much, but maybe I can make a dent.

What I don't understand is the following. The apartment complex asks a gardening service every so often to trim back all the trees. Cutting back some branches does no harm to the property value and it's something that's scheduled anyway.

Sorry for the math error (4+3+4 = 15). It should have been 8+3+4 = 15.
 
A DISH technican is coming out today. If he tells me I can receive a strong signal through my bedroom window, I'll ask my landlord if I can remove the screen permanently.
 
Last edited:
Move into another unit? Excellent suggestion. I'll look into it.

The main reason I selected DISH is because I'm a professional translator. There are many channels that offer both English and Spanish audio of a given series or movie, and listening to the dubbings has given my translations a definite edge. So having my signal blocked is literally not good for business.

Personally I think ATT U-verse and the Internet in general are far better solutions. No problems with trees, wind, or rain, and high-speed lines continue to drop in price. The only obstacle I can is a clumsly backhoe operator who cuts a fiber-optic line.
 
hello good sir. im kinda in the same boat as you are. I have my dish mounted in my courtyard area. the pole i use is 8feet high. i huess im not supose to have it higher then 3feet. lol ya right. so if they ever say anything ima slap them with the ffc papers. because im not doing anything wrong and the dish is actually pretty well hidden.
 

Users Who Are Viewing This Thread (Total: 0, Members: 0, Guests: 0)

Who Read This Thread (Total Members: 1)