Question on OTARD, apartments, etc

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gobulls

New Member
Original poster
Aug 16, 2011
2
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Buffalo NY
Hi all,

Hope this is in the right area. If not, please point me to the right direction.

I am a college student moving into an on-campus apartment this year. We get "free cable" - but it's about the worst cable I've ever seen - there are no HD channels and half of the channels are snowy and grainy.

As such, I'd like to set up satellite. Now, it's not exactly that easy though. I would have to do so through a window, which I know isn't ideal, but I'm aware of the limitations, and seeing as it's my only option, I'm willing to try it. I have a window that has a view of the DirecTV satellites. I have zero outdoor "exclusive use areas."

However, my lease agreement states "Satellite dishes are not allowed on any complex grounds." I'm aware of OTARD, and I don't see how this is would be allowed. However, this is the type of apartment where I have basically signed all my rights away - not allowed to use extension cords, cannot burn candles, etc.

However, OTARD specifically "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." It also states "The rule applies to individuals who place antennas that meet size limitations on property that they own or rent and that is within their exclusive use or control, including condominium owners and cooperative owners, and tenants who have an area where they have exclusive use."

Now, the way I read this, they cannot prohibit me from it.
-I am using a satellite dish less than 1 meter in diameter
-I rent the property, by this description:

"
Q: If I live in a condominium or an apartment building, does this rule apply to me?
A: The rule applies to antenna users who live in a multiple dwelling unit building, such as a condominium or apartment building, if the antenna user 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. "

-I have exclusive use of my living area.

Thus, does the university have any ground at not allowing a satellite dish, inside the unit?

I know this isn't a legal forum, and there probably aren't many lawyers here, but to me, this is pretty clear - I can do it.

Thanks for any input you may have.
 
:welcome to Satelliteguys!

I'm no expert, but it seems to me that since your apartment is an "exclusive use" area, you can set it up there. However, you are likely to have poor results trying to get a strong enough signal through glass. I'm not trying to dissuade you from trying, just giving you a heads up. Good luck!
 
This will work, you might want to remove the screen if possible IF it's a metal screen.

People have done this from time to time and have had decent success with it.

Keep us informed as to how it goes.

You are correct, they have no way to keep you from using it, provided it's inside your exclusive area.

IF they question it, just show them the info you've posted above.
 
Yeah, I'm aware the window glass will degrade the signal. However, I'm hoping it doesn't weaken reception to the point that it doesn't work.

The top half of the window has no screen, so mounting it there would be my first choice. Hopefully it can get enough through the glass to work.

If that doesn't work, honestly, I would be willing to open the window every time I wanted to watch satellite. It is a plastic screen, so I don't think that is as much of an issue as metal?

I do have a backup TV source - but it sucks. There are no HD channels, we can't even get them as an extra service. But heck, we're college engineering students, we've McGyver'ed far worse before. Some of it has worked pretty well though.

I think we'll try it for now. The chances that (a) someone checks the place closely enough to notice it, (b) they're aware of the rule, and (c) they care, is fairly low. If they do make an issue, I'll present the necessary documentation.

I will report back, although it will be likely a few weeks before I attempt setting anything up.
 
On thing to mention is that all DBS satellite dishes are offset by about 22 degrees. This means the signal is coming 22 degrees higher than the apparent angle of the Dish's Reflector pan, parallel with the ground. So if you mount or setup a Dish so the apparent angle of the reflecting pan is looking through the top of a window you will not likely get any signal.

John
 
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