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mikedz4

join:2003-04-14
Weirton, WV
reply to pende_tim

Re: [DIRECTV] directv install in apartment building

So I could go around my landlord? Couldn't they evict me?

davidhoffman
Premium
join:2009-11-19
Warner Robins, GA
kudos:3
»www.sbca.com/access-tv/SBCA_OTARD_flyer.pdf
»www.sbca.com/assets/pdf/DISH-PLA···eet.html
»www.fcc.gov/guides/over-air-rece···ces-rule

You can file a petition with the FCC to have your landlord's rule challenged BEFORE installation:

Q: How do I file a petition or request a waiver at the Commission?
A: There is no special form for a petition. You may simply describe the facts, including the specific restriction(s) that you wish to challenge. If possible, include contact information such as telephone numbers for all parties involved, if available, and attach a copy of the restriction(s) and any relevant correspondence. If this is not possible, be sure to include the exact language of the restriction in question with the petition. General or hypothetical questions about the application or interpretation of the rule cannot be accepted as petitions. To file a Petition for Waiver, follow the requirements in Section 1.4000(c) of the rule. The local government, community association or landlord requesting the waiver must demonstrate "local concerns of a highly specialized or unusual nature."

Petitions for declaratory rulings and waivers must be served on all interested parties. For example, if a homeowners' association files a petition seeking a declaratory ruling that its restriction is not preempted and is seeking to enforce the restriction against a specific resident, service must be made on that specific resident. The homeowners' association will not be required to serve all other members of the association, but must provide reasonable, constructive notice of the proceeding to other residents whose interests foreseeably may be affected. This may be accomplished, for example, by placing notices in residents' mailboxes, by placing a notice on a community bulletin board, or by placing the notice in an association newsletter. If a local government seeks a declaratory ruling or a waiver from the Commission, the local government must take steps to afford reasonable, constructive notice to residents in its jurisdiction (e.g., by placing a notice in a local newspaper of general circulation). Proof of constructive notice must be provided with a petition. In this regard, the petitioner should provide a copy of the notice and an explanation of where the notice was placed and how many people the notice reasonably might have reached.

Finally, if a person files a petition or lawsuit challenging a local government's ordinance, an association's restriction, or a landlord's lease, the person must serve the local government, association or landlord, as appropriate. You must include a "proof of service" with your petition. Generally, the "proof of service" is a statement indicating that on the same day that your petition was sent to the Commission, you provided a copy of your petition (and any attachments) to the person or entity that is seeking to enforce the antenna restriction. The proof of service should give the name and address of the parties served, the date served, and the method of service used (e.g., regular mail, personal service, certified mail).

All allegations of fact contained in petitions and related pleadings before the Commission must be supported by an affidavit signed by one or more persons who have actual knowledge of such facts. You must send an original and two copies of the petition and all attachments to:

Secretary, Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
Attention: Media Bureau

A properly filed petition with the required notifications may be enough to get your landlord to be more reasonable. The petition may cause them to consult an attorney, who might point out that some of their restrictions are illegal and that there is a high probability there will be a ruling against them. The size restriction is especially weak in my view. I would not be surprised if a kickback from a local DishNetwork installer was involved.

Your situation is somewhat amusing to me. I have seen apartment buildings in Atlanta, Georgia where very sturdy exterior satellite antenna mounts are used on all kinds of walls. The antennas are positioned 20, 30, 40, and 50 feet above driveways, walkways, and other open areas. They are cantilevered in place. The cable access holes are drilled through all kinds of materials. Usually the installer puts a sleeve in the hole, puts weatherproof grommets on both sides, and seals the installation up with outdoor weather resistant sealant. There is not going to be any water, bug, or other intrusion through the installation holes. Yes, the antenna could get torn off the side of the building, during a F4 or F5 tornado. I guess when landlords hate the local cable company's TV offerings and service as much as the tenants, they allow innovative but safe satellite antenna installations.

moes

join:2009-11-15
Cedar City, UT
reply to mikedz4
I would not risk fighting it for exactly that reason.


pende_tim
Premium
join:2004-01-04
Andover, NJ
kudos:1
Reviews:
·Comcast
reply to mikedz4
It may help if you have a nice friendly one-one conservation with him and point out the FCC regulation. He may not be aware of the rules or the actual size of the DirecTV dish.
--
The difference between genius and stupidity is that genius has its limits.


mikedz4

join:2003-04-14
Weirton, WV
Reviews:
·Frontier Communi..
·Verizon Online DSL
·Comcast
It's not up to them. It's the corporation that owns the complex that makes the rules. The landlord wants to allow directv but the coporation won't let them. Something about not wanting more than one dish and holes in the buildings. Plus it has to be the size of the dish network dish not any larger.

davidhoffman
Premium
join:2009-11-19
Warner Robins, GA
kudos:3
First, the person you are dealing with is not the landlord, they are the property manager. Landlord and owner would be the same. That is the corporation.

Does the apartment building or apartment complex have a main DishNetwork satellite antenna installation that is designed to serve all the apartments? Or does each apartment have to contract with DishNetwork on their own and get their own antenna? Your description, of only one antenna per building, sounds like what is known as a master or main antenna with distribution from it to multiple apartments. If that is the situation, I am not sure what legal rules would apply to compel the owners to allow DirecTV.


mikedz4

join:2003-04-14
Weirton, WV
Reviews:
·Frontier Communi..
·Verizon Online DSL
·Comcast
All I was told is that it had to be on a pole on the side of the building where no one can see it and they can't drill holes in the walls.
Also I was told that the directv dish was too large according to the corporation. Plus no one in the complex I live at has a dish.

davidhoffman
Premium
join:2009-11-19
Warner Robins, GA
kudos:3
You can challenge them on the antenna size with the FCC regulation allowing a 1 meter antenna diameter. The DirecTV antenna is 22.5 in. x 32.5 in = approximately 731.5 square inches. The DishNetwork antenna is 23.8”h x 30.9"w= approximately 735.42 square inches. They are about the same size. You may have to use, or make, a close fitting window spacer block to allow the antenna cable to go into the apartment. The other option is the special flat window cable Storm97 mentioned.


mikedz4

join:2003-04-14
Weirton, WV
Should I risk getting evicted? Also I believe they are referring to the three lnb or 5 lnb dishes. They claim dish has a one-lnb dish plus something about line of sight for dish only but I don't think that is possible.

davidhoffman
Premium
join:2009-11-19
Warner Robins, GA
kudos:3
The line of sight issue might be relevant. DishNetwork and DirecTV satellites are in different locations in outerspace relative to any particular location on Earth. It could be that in order to get a stable signal the DirecTV pole/antenna placement would have to be placed in one of the common areas that the FCC regulations deal with. The DishNetwork pole/antenna may be able to be located within the no restriction area described by the FCC regulation. I am not allowed to have satellite TV because my apartment is located on the North side of the apartment building, is situated below a huge concrete/steel retaining wall, and dense tree line. To get a good satellite signal would require placing the pole about 30 feet to the side of the building in a definite common area. In fact it would be right next to the entrance roadway, making it vulnerable to being collided with.

It might be wise for you to contact a local DirecTV installer and pay them to do a detailed site survey. Make it explicitly clear to them that you are only paying for information about exactly where the pole and antenna would need to go to get consistently good signal reception. I do not know if you should explain that you need the detailed installation data to challenge an apartment owners restrictions on DirecTV installations. You do not want them bending the truth just to make a future sale. You need the absolute highest integrity about the data concerning placement.

You can also go to this website »www.sadoun.com/Sat/Installation/···ator.htm and get a rough idea of where the pole might be placed depending on the satellites needed to be used. At the bottom of the pull down list of individual satellites is a list for multi LNB antennas from DirecTV and DishNetwork.


CylonRed
Premium,MVM
join:2000-07-06
Bloom County
reply to mikedz4
quote:
Should I risk getting evicted?
Only you can answer this....