L.O.S. and Being Under Contract

zim2704

SatelliteGuys Family
Original poster
Feb 9, 2010
62
1
Kansas
If you are under contract and have line of sight problems and unable to get satellite reception are you required to pay the ETF on the account?
 
L.O.S. usually comes first, if there is none, there is usually no contract signed as the receivers are not yet activated. If you are already under contract and then move to a place where there is no L.O.S., you have to pay the ETF since you are the one who moved while under contract after having service for some period of time.
 
However, if you haven't moved and the LOS has been lost they can not hold you to your contract as it is them who can not deliver the service.
 
However, if you haven't moved and the LOS has been lost they can not hold you to your contract as it is them who can not deliver the service.

Not true. If line of site is lost, as when a tree grows out, it is the homeowners responsibility, not Dish. The OP should explain what the LOS problem is, if not trees.
 
Not true. If line of site is lost, as when a tree grows out, it is the homeowners responsibility, not Dish. The OP should explain what the LOS problem is, if not trees.

Not true and also doesn't account for obstructions not under the homeowners control.
 
if at install there is no line of sight, then the account isn't started and no money is due. if the account is started and then because of trees, new buildings, or the customer moves, and then there is NLOS (after account has been activated), then customer gets to pay up.
 
My neighbor has a HUGE tree and the installer did not think that the tree would be a problem. Last year it wasn't... this summer... OMFG the signal would go out at the slightest breeze. It was totally annoying and I dealt with it. I just have to get through winter (no leaves on the tree) and another partial summer of fade and then i'm seriously going to consider going back to cable :(

The owner of the tree REFUSES to cut it. My neighbor also has satelite and has the same issue. She's also SERSIOUSLY afraid that the tree is going to fall on her Condo. (We had a bad wind storm 2 years back and luckily the branches didn't fall on her condo)

Another neighbor told me all we had to do was call the FCC and they had ways of making the tree disappear, or at least the branches in the LOS. Apparently they are infringing on my right to the sky, or some mumbo jumbo to the likes.
 
My neighbor has a HUGE tree and the installer did not think that the tree would be a problem. Last year it wasn't... this summer... OMFG the signal would go out at the slightest breeze. It was totally annoying and I dealt with it. I just have to get through winter (no leaves on the tree) and another partial summer of fade and then i'm seriously going to consider going back to cable :(

The owner of the tree REFUSES to cut it. My neighbor also has satelite and has the same issue. She's also SERSIOUSLY afraid that the tree is going to fall on her Condo. (We had a bad wind storm 2 years back and luckily the branches didn't fall on her condo)

Another neighbor told me all we had to do was call the FCC and they had ways of making the tree disappear, or at least the branches in the LOS. Apparently they are infringing on my right to the sky, or some mumbo jumbo to the likes.

Have you ever done a chat and complained and kept a record of it? If you had ever complained when the growth first started causing you signal problems, you can probably get them to come move it. Usually when a dish is installed in the fall and growth is a problem in spring/summer, Dish (at least from people I know) has always comped a call to move it. They view that as an installer error.

Now, if you never said anything and waited till now (when the leaves are about to fall anyway), you will be paying an ETF.
 
is the tree hanging over a property line? if so you might be able to make them trim it
if its a potential hazard contact the building department of your town
 
is the tree hanging over a property line? if so you might be able to make them trim it
if its a potential hazard contact the building department of your town
I don't know about your area rules, but here, if it hangs over on your property, it's your responsibility if you want it trimmed.
 
I don't know about your area rules, but here, if it hangs over on your property, it's your responsibility if you want it trimmed.

its a skectch situation, court cases both ways. no one is certain

some homeowners/condo association rules cover this, it all depends on the location and local rules
 
I don't know about your area rules, but here, if it hangs over on your property, it's your responsibility if you want it trimmed.

As KAB said-- here in VA if a neighbors tree has limbs that are over the property line on your side they be removed/trimed back to the property line. Catch is if the neighbor does not give you permission and the base of the tree is on his property you can not enter his/her yard to climb the tree, also if the pruning of the limbs on your side kills or make the tree unsafe you will probably be responcible for it's removal

Trees And Neighbors (Lifestyle & Home: Neighborhood Obstructions)
 
Usually when a dish is installed in the fall and growth is a problem in spring/summer, Dish (at least from people I know) has always comped a call to move it. They view that as an installer error.
That's one scenario I was looking at. If it's taking many years for a tree's growth to cause problems, that's a gray area... If it's been a short time, the install should have known better.
 
if at install there is no line of sight, then the account isn't started and no money is due. if the account is started and then because of trees, new buildings, or the customer moves, and then there is NLOS (after account has been activated), then customer gets to pay up.

If this happens to you and you had to pay you got screwed.

I have had this happen to me twice. Once with DirecTV and once with Dish Network. Since "they" could not provide me service the contract is broken by them not me.
 
its a skectch situation, court cases both ways. no one is certain
Can you cite these court cases ? I think it's understood by anyone who's looked into this type of scenario that branches over the property line can be cut down/off by the person who's property it hangs over.
some homeowners/condo association rules cover this, it all depends on the location and local rules
My thought on that is, the "tenants" likely don't own the tree(s). Condo owners typically only own the inside of the condo.
 
Can you cite these court cases ? I think it's understood by anyone who's looked into this type of scenario that branches over the property line can be cut down/off by the person who's property it hangs over.
My thought on that is, the "tenants" likely don't own the tree(s). Condo owners typically only own the inside of the condo.



sorry i cant cite anything, just told by friends of friends of people that were involved.

and dependoiing on the condo and local regulations sometimes outside space it also owned by the condo owner. its more common in townhouse style condos
 
This is all fairly moot since the OP has declined to define the nature of his LOS issue.
 
Sorry guys haven't had much time to follow up on my post. Currently my dish system has been installed for about 12months and l.o.s has become intermittent because of trees. This will not be much of an issue come winter but the upcoming spring/summer probably will render my system unusable. I'm just trying to get my ducks in a line so I know where to go with everything. Thanks
 

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