Have to Give up D* Service

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UnderEstimated

Thread Starter
Well-Known SatelliteGuys Member
Sep 8, 2008
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Well, a month after moving into my apartment, I have to give up DTV. I'm actually quite upset, given the fact that my apartment management allowed the installation and gave me the "OK" prior to moving in.

So the story from one of the apartment managers was "Corporate came down to view the new gym and pool areas. They noticed several tenants with satellite dishes that are unsafe." Now anyone who has a satellite dish that is outside of the balcony (including ones that hang over or the Slimline's) or ones on front porch (like mine) have to be removed within 3 days! This is ridiculous! The manager was extremely understanding, as she has to remove her's, but I wouldn't have moved in unless it wasn't a problem!

Anyway, D* now wants to charge me $450 for the cancellation because I just recently moved. Is there anyway to dispute this charge?

Thanks.
 
Last edited:
charper1

charper1

Bourbon Tester
Supporting Founder
May 18, 2004
18,442
6
I'm Nationwide
My best guess is; that if your setup extends outside of YOUR exclusive rights/use area; then no.

Even with written, local mgmt approval saying that I could do something "outside the norm" (such as drilling holes, overhanging or being out of the exclusive use area) I WOULD NEVER DO IT; simply because of what is happening to you right now. It is always best to stay withing the letter of the law/rules so that you always know where yo stand and have documented backup. In this case it sounds as if you were given permission to breaks know rules and their boss came down and held their feet to the fire; leaving you and other with no backup or legal remedy to stand on.

Is there NO WAY to get your setup into official exclusive use and safety compliance?

Your best bet to me is to try to get the local apt mgmt to write you a letter to DirecTV stating that a change in mgmt policy has changed your situation and MAYBE that might help.
 
U

UnderEstimated

Thread Starter
Well-Known SatelliteGuys Member
Sep 8, 2008
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I will try to get a letter, that might be my best option... The porch was considered an "OK" place to install, but I don't think corporate liked the size or height of the tripod for the Slimline dish.


The installer that did the job knew the management (he had done nearly all the installs in the complex) and knew that the management just didn't want the dishes mounted to the building itself because of excessive holes and the fact that dishes get left behind.

I'm so frustrated that this is a problem now. The apartment management had no problem, but apparently corporate over-rules them and now I'm forced to comply or break the lease at the cost of $3050.
 
M

markfp-1

SatelliteGuys Pro
Feb 13, 2005
340
2
I feel your pain. I know this won't help you, at least right now, but perhaps it will help somebody else. If having a satellite dish is that important and the apartment manager says you can have, request that it be put in your lease. A lease is a two-way contract and a prospective tenant can request things added or deleted from a lease. If it's in the lease they can't make you remove the dish. If they refuse to do it, you can decide whether or not to rent the apartment.
 
U

UnderEstimated

Thread Starter
Well-Known SatelliteGuys Member
Sep 8, 2008
27
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I feel your pain. I know this won't help you, at least right now, but perhaps it will help somebody else. If having a satellite dish is that important and the apartment manager says you can have, request that it be put in your lease. A lease is a two-way contract and a prospective tenant can request things added or deleted from a lease. If it's in the lease they can't make you remove the dish. If they refuse to do it, you can decide whether or not to rent the apartment.

Good advice, I wish I thought of that when I moved in. As they say, hind-sight is always 20/20. I figured that management approval of the install and location was perfectly acceptable.
 
charper1

charper1

Bourbon Tester
Supporting Founder
May 18, 2004
18,442
6
I'm Nationwide
I will try to get a letter, that might be my best option... The porch was considered an "OK" place to install, but I don't think corporate liked the size or height of the tripod for the Slimline dish.


The installer that did the job knew the management (he had done nearly all the installs in the complex) and knew that the management just didn't want the dishes mounted to the building itself because of excessive holes and the fact that dishes get left behind.

I'm so frustrated that this is a problem now. The apartment management had no problem, but apparently corporate over-rules them and now I'm forced to comply or break the lease at the cost of $3050.

Well, what they say is considered OK holds no legal merit; if that porch IS inside your exclusive use area and the install is to code and safe, then the upper mgmt can't just say take it down and you can decide if you want to look into OTARD and call them to the mat on this issue. BUT make sure this is YOUR area legally before you spout-off.
 
U

UnderEstimated

Thread Starter
Well-Known SatelliteGuys Member
Sep 8, 2008
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I'm looking into that right now. A DTV rep sent me a FCC link and it's providing me a lot of info.
 
Jimbo

Jimbo

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Jul 14, 2005
64,737
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NW Ohio - Buckeye Country
I'm looking into that right now. A DTV rep sent me a FCC link and it's providing me a lot of info.

Generally the FCC link will tell you that is is OK to have them as long as they are not over sized and in your space.

Can you have the dish mounted away from the outer areas of the balcony so that it would not be as viewable, or maybe look into a decorative cover up for the dish, they have a lot of them out there, do a Google search.

Good luck, don't give up yet.

Jimbo
 
charper1

charper1

Bourbon Tester
Supporting Founder
May 18, 2004
18,442
6
I'm Nationwide
Generally the FCC link will tell you that is is OK to have them as long as they are not over sized and in your space.

Can you have the dish mounted away from the outer areas of the balcony so that it would not be as viewable, or maybe look into a decorative cover up for the dish, they have a lot of them out there, do a Google search.

Good luck, don't give up yet.

Jimbo

What concerns me is the OP calls it a porch; and I really would like to see I photo; because "porch" where I am from would never qualify as an exclusive use area. What about you?
 
T

tastim

SatelliteGuys Pro
Jul 7, 2008
503
0
Without something in writing from the management, saying it was OK to put the dish where it is, if the dish is not within the areas that the FCC protects, unfortunately you have no case to get reimbursed for the cancellation charge. It is your word versus theirs, and a court would side in management's favor without proof.

As for D*s responsibility in all of this... the paperwork you sign when the system is installed states that you are responsible for obtaining your landlord's permission prior to installation and it is assumed you have done so and you agree to hold D* and it's contractor's harmless if a situation like this occurs.....

Sucks, but you're probably out of luck based on the description of the dish location you gave...
 
jtwex

jtwex

SatelliteGuys Pro
Jul 25, 2008
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Embarrassed Bear
Jimbo's decorative idea is worth a shot, as is physically moving again to somewhere that allows the dish. It sounds like you have a better chance in breaking your apartment lease than with DTV.
 
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bgilga

SatelliteGuys Pro
Apr 28, 2005
290
0
Scranton, PA
I mounted my dish on an old microwave cart. I lived on the second floor and had a balcony. First floor had a porch, which was a slab of concrete, but it was YOUR porch. I received a letter that my dish was haning to far over my balcony and that if I did not move it, they would remove it for me. I took the letter over to the office and asked one of the workers to come over and check into this. I took out a tape measure and my dish was hanging over the balcony by 2 inches. I moved it back to appease them. I then went for a walk with the complex manager and told her that i was being harassed for 2 inches for a dish that was not attached to the building, and yet other tenents had flower boxes hanging off the balconies and flag holders mounted to the building in direct violation of the lease agreement. I told them that I did not want to see anybody have to take down their flowers or flags because it brightened the place up, but whats fair is fair. They never bothered me again.
 
Jimbo

Jimbo

SatelliteGuys Master
Lifetime Supporter
Jul 14, 2005
64,737
4,709
NW Ohio - Buckeye Country
I mounted my dish on an old microwave cart. I lived on the second floor and had a balcony. First floor had a porch, which was a slab of concrete, but it was YOUR porch. I received a letter that my dish was haning to far over my balcony and that if I did not move it, they would remove it for me. I took the letter over to the office and asked one of the workers to come over and check into this. I took out a tape measure and my dish was hanging over the balcony by 2 inches. I moved it back to appease them. I then went for a walk with the complex manager and told her that i was being harassed for 2 inches for a dish that was not attached to the building, and yet other tenents had flower boxes hanging off the balconies and flag holders mounted to the building in direct violation of the lease agreement. I told them that I did not want to see anybody have to take down their flowers or flags because it brightened the place up, but whats fair is fair. They never bothered me again.

Very good point, you see this type of thing all over. :)

Jimbo
 
HDinCincy

HDinCincy

SatelliteGuys Pro
Aug 15, 2007
383
0
Cincinnati, USA
Hi... hope I'm not being redundant... IF you cannot break your lease, is it possible that the complex mgr. would allow you to move to a different apt. from which you could mount the dish while keeping it more "hidden?" One that is perhaps SW oriented? I know that's a pain in the *ss to do, but it may solve both issues. HTH :cool:
 
U

UnderEstimated

Thread Starter
Well-Known SatelliteGuys Member
Sep 8, 2008
27
0
My porch is my "exclusive area". You walk up a set of stairs and you have my front door and only my front door. I'm responsible for keeping it clean and the items I place on it. Prior to moving in, I had requested an apartment that had a balcony facing S. or a corner unit. I was told that is what I had, but the agent was stupid and had her N. and S. mixed up. Regardless, I had management approval for the install and the location was perfectly acceptable until 2 days ago.
 
Bill 13

Bill 13

Member
Apr 24, 2008
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Generally the FCC link will tell you that is is OK to have them as long as they are not over sized and in your space.

Can you have the dish mounted away from the outer areas of the balcony so that it would not be as viewable, or maybe look into a decorative cover up for the dish, they have a lot of them out there, do a Google search.

Good luck, don't give up yet.

Jimbo
Keep in mind that all of DTV dishes meet the OTARD rule of below 1 meter in diameter, as long as the LNB support arm does not extend beyond the railings the OP should be within OTARD standards.
 
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eandras

SatelliteGuys Family
Feb 11, 2007
46
0
I would see if there was a way to do an MDU dishmount that management would approve and possibly pay the upfront charges for and then access a fair fee for use. I know that the HD may not be availablel but it might be a start.

Good Luck
 
T

tastim

SatelliteGuys Pro
Jul 7, 2008
503
0
I would see if there was a way to do an MDU dishmount that management would approve and possibly pay the upfront charges for and then access a fair fee for use. I know that the HD may not be availablel but it might be a start.

Good Luck

A true MDU deal goes through the commercial department and would be a QAM setup and costs a lot of money. Doubt an apartment that is probably getting kickbacks from the cable company is willing to spend the 10s of thousands of dollars this setup costs.
 
U

UnderEstimated

Thread Starter
Well-Known SatelliteGuys Member
Sep 8, 2008
27
0
Doubt an apartment that is probably getting kickbacks from the cable company is willing to spend the 10s of thousands of dollars this setup costs.


Yeah, this might be true. Now in the main office, they have all these special offer (for residents only) coupons/brochures for the local cable company.
 
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