|reply to Mr Matt |
Re: Similar lawsuit filed in Palm Beach County, Florida
said by Mr Matt:In 1996, the FCC implemented the OTA rules for DBS type dishes and, for the most part, invalidated most of the restrictions baring outside antennas. 47 C.F.R. Section 1.4000
Homeowners were subject to the same arbitrary prohibition of outdoor antennas of any kind through deed restrictions.
Openband might have a problem enforcing their contracts. Remember that the FCC and Congress passed the satellite reception act which declared all deed restrictions prohibiting the installation of Satellite or over the air antennas unenforceable.
The issue at hand is whether the agreement guarantees service must be paid for by the homeowner. This goes beyond lawn cutting and other "maintenance of common ground" fees.