My apt says I can't get DirecTV - must use Dish

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ryansebiz

ryansebiz

Thread Starter
SatelliteGuys Family
Jul 26, 2005
35
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I live in San Jose, CA and am currently paying for basic extended Comcast (with QAM).

My apartment has a deal with Dish Network. You can get the basic receiver with Top 250 programming for free. If you want DVR or HD you have to pay for your own account and equipment.

I was talking to my apartment managers today. I asked if "new people moving in" can choose DirecTV. They said a flat-out no. I asked why, and they said because they have "a deal with Dish Network" and "why would they want to pay for DirecTV when Dish is free"? I then asked "not even if they put the DirecTV dish on the back porch?" Again, they said no.

My question is: doesn't the FCC mandate that you can put a satellite dish as long as you don't mount it to the building?

If so, and I'd like to switch to DirecTV, should I tell my apartment owners, or should I just hope they don't find out? If I tell them what should I say?
 
R

rodin

SatelliteGuys Pro
Jan 25, 2006
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By law, they cannot prevent you from getting DirecTV, but you are NOT permitted to mount your dish to the building in ANY way/shape/form, what-so-ever. You will have to get a tripod, and of course, the clear view to the DTV Sats. If they tell you otherwise, print this out, or find the other legal documents..

As directed by Congress in section 207 of the Telecommunications Act of 1996, the Federal Communications Commission adopted the Over-the-Air Reception Devices Rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals from direct broadcast satellites ("DBS"), multichannel multipoint distribution (wireless cable) providers ("MMDS"), and television broadcast stations ("TVBS").

The rule is cited as 47 C.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 direct-to- home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas. The rule prohibits most restrictions that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal.

The rule applies to viewers who place video antennas on property that they own and that is within their exclusive use or control, including condominium owners and cooperative owners who have an area where they have exclusive use, such as a balcony or patio, in which to install the antenna. The rule applies to townhomes and manufactured homes, as well as to single family homes.

The rule allows local governments, community associations and landlords to enforce restrictions that do not impair, as well as restrictions needed for safety or historic preservation. 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. In addition, the rule does not apply to common areas that are owned by a landlord, a community association, or jointly by condominium or cooperative owners. Therefore, restrictions on antennas installed in common areas are enforceable.

On November 20, 1998, the Commission amended the rule so that it will also apply to rental property where the renter has exclusive use, such as a balcony or patio. The effective date of the amended rule is January 22, 1999.

This fact sheet provides general answers to questions that may arise about the implementation of the rule. For further information or a copy of the rule, call the Federal Communications Commission at 888-CALLFCC (toll free) or (202) 418-7096.

Q: If I live in a condominium or an apartment building, does this rule apply to me?

A: The rule applies to viewers who live in a multiple dwelling unit building, such as a condominium or apartment building, if the viewer has an exclusive use area in which to install the antenna. "Exclusive use" means an area of the property that only you, and persons you permit, may enter and use to the exclusion of other residents. For example, your condominium or apartment may include a balcony, terrace, deck or patio that only you can use, and the rule applies to these areas. The rule does not apply to common areas, such as the roof, the hallways, the walkways or the exterior walls of a condominium or apartment building. Restrictions on antennas installed in these common areas are not covered by the Commission's rule.

Q: Does the rule apply to condominiums or apartment buildings if the antenna is installed so that it hangs over or protrudes beyond the balcony railing or patio wall?

A: The rule does not prohibit restrictions on antennas installed beyond the balcony or patio of a condominium or apartment unit if such installation is in, on, or over a common area. An antenna that extends out beyond the balcony or patio is usually considered to be in a common area that is not within the scope of the rule. Therefore, in most cases the rule does not apply to a condominium or rental apartment unit unless the antenna is installed wholly within the exclusive use area, such as the balcony or patio.

Q: Does the fact that management or the association has the right to enter these areas mean that the resident does not have exclusive use?

A: No. The fact that the building management or the association may enter an area for the purpose of inspection and/or repair does not mean that the resident does not have exclusive use of that area. Likewise, if the landlord or association regulates other uses of the exclusive use area (e.g., banning grills on balconies), that does not affect the viewer's rights under the Commission's rule. This rule permits persons to install video antennas on property over which the person has either exclusive use or exclusive control. Note, too, that nothing in this rule changes the landlord's or association's right to regulate use of exclusive use areas for other purposes. For example, if the lease prohibits antennas and flags on balconies, only the prohibition of antennas is eliminated by this rule; flags would still be prohibited.

Dish or Direct - Satellite TV Rules for Apartments and Multi-Family Dwellings
 
vedhead

vedhead

SatelliteGuys Family
Jul 21, 2006
116
0
San Jose, CA
I think it depends on your lease. If it says no dishes...well, you signed it. I am aware of the law, but I don't think you'd be successful if you took that route.

Thats not to say that if you have perfect line of sight, and can hide your dish below a fence line while still getting a signal, you shouldn't do it. But you may come home to a note on your door one day.

Good luck.
 
iwc5893

iwc5893

SatelliteGuys Pro
Feb 1, 2007
2,178
0
The desert of WA, zip code EIEIO
I think it depends on your lease. If it says no dishes...well, you signed it. I am aware of the law, but I don't think you'd be successful if you took that route.

Thats not to say that if you have perfect line of sight, and can hide your dish below a fence line while still getting a signal, you shouldn't do it. But you may come home to a note on your door one day.

Good luck.

That part of the lease would be invalid if it were to be found in violation of the law.
 
ryansebiz

ryansebiz

Thread Starter
SatelliteGuys Family
Jul 26, 2005
35
0
By law, they cannot prevent you from getting DirecTV, but you are NOT permitted to mount your dish to the building in ANY way/shape/form, what-so-ever. You will have to get a tripod, and of course, the clear view to the DTV Sats.

Right. I live in a two-story townhome, with the ground floor patio and the top floor balcony both facing the southwest sky.

I was thinking of going the tripod route from the balcony if I made the switch.
 
jdspencer

jdspencer

SatelliteGuys Pro
Oct 22, 2004
4,088
18
Binghamton, NY
The best thing to do is be upfront with management. Send a letter to them stating that you will be using a DirecTV dish mounted on a tripod. Along with the letter send a copy of the OTARD document linked above.

Be warned that you might not be able to drill any holes for the coax from the dish.
 
J

Joe Diamond

SatelliteGuys Pro
May 3, 2004
2,596
6
Right. I live in a two-story townhome, with the ground floor patio and the top floor balcony both facing the southwest sky.

I was thinking of going the tripod route from the balcony if I made the switch.


These things will also work through clear glass. Think dish inside your unit. Get your LOS from the DTV site.........find a dish & dead receiver to play with. If you get the 101 sat there will be a picture on ch100.

Make the mast "plumb" and set az & el for your zip.

Joe
 
JAG72

JAG72

SatelliteGuys Master
Feb 16, 2006
8,524
58
Earth
You should be upfront with the apartment management. The one thing you don't want to do is anger them to much. You might be able to put the dish up but if you anger them in the process they can make your life miserable with hitting you will even the smallest violation in your lease.
 
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