|reply to WHT |
Re: Any wireless cell phone repeater systems out there?
said by WHT:
The key phrase is "may prohibit". The burden of proof of damage would be on the property owner, and that argument could easily be diluted by showing how often a telephone company, TV cable company, or other satellite TV installers have successfully done installations without causing damage.
There is no burden of proof. The landlord MAY PROHIBIT -- that is in relation to the lease. The FCC agrees that the landlord may prohibit that type of action occurring on property they own. Show me where any exemptions are granted in relation to OTARD if you are a "professional" installer. As I stated earlier, any utility such as Telcos and cable companies are not covered by OTARD. What they do just does not apply to this discussion.
said by robbin:
As I stated earlier, any utility such as Telcos and cable companies are not covered by OTARD. What they do just does not apply to this discussion.
I'll tackle this one first.
I never suggested OTARD applies to telephone or TV cable installs.
My examples of telephone company and cable company installs (including outdoor electrical work, water and gas plumbing) is to demonstrate there is no clear and present damage caused by penetrating an exterior wall.
I'll repeat that...there is no clear and present damage caused by penetrating an exterior wall (when properly done using best practices).
If indeed that could be used as a valid excuse by property owners, why has that excuse never been presented to the FCC?
Yes, every time anyone drills a hole it causes damage. It's not an excuse, it's a fact. Neither you, or any other wISP, has the authority to damage the private property of the landlord and violate the terms of the lease between said landlord and their tenant.
Actually this thread has helped me. I have discovered that my professional organization has a specific lease addendum. Not only does it prohibit holes through outside walls, etc. but I can also require an additional security deposit to "protect against possible repair costs" as well as liability insurance and indemnity to protect against "claims of personal injury and property damage to others".
Just search for the Satellite Dish and Antenna Addendum of the TAA (Texas Apartment Association)
DirecTv also has a permission form for property owners of rental properties and it states "...standard professional installation many times includes the drilling of holes in order to run cable and attaching a dish securely to the outside of the structure. Any such type of modification may be forbidden pursuant to the terms of your lease/rental agreement or may require pre-approval by the landlord."
Search for Directv installation permission if you want to read that one.
So, two documents from very large organizations which both recognize the right of the landlord to prohibit damage to their property by antennas covered by OTARD.
said by robbin:
Yes, every time anyone drills a hole it causes damage.
It's de minimis damage.
said by robbin:
Neither you, or any other wISP, has the authority to damage the private property of the landlord
Agreed....No one has the authority to take a sledge hammer to a wall and rip open a ten foot hole to feed in a 3/8" coax.