satellite friendly apartments (homeowners association, work, home)

[HockeyFan]

Good point -- but the same still applies to apartment buildings, as far as I know. I know I've mentioned it to past landlords, and they agree that is the case.

[Avengerfire]

Originally Posted by HockeyFan

Good point -- but the same still applies to apartment buildings, as far as I know. I know I've mentioned it to past landlords, and they agree that is the case.

Ill have to check that out!

[aragx6]

Thanks for the info hockeyfan! I will remember that!

[NYrules]

I understand that the OP was speaking in terms of rental units and no HOAs. I was merely pointing out the fact that rules can be passed to prohibit them and land lords who own the building can do the exact same thing and may very well say, "no antennas or dishes are to be attached to my building" Heck if we can do it, so can he/she. I also was pointing out that our by-laws do not say a person cannot use a dish, we just merely say you cannot attach one to any part of our buildings or railings or have it visible. If an owner can figure out another way to use a dish without it being seen, then by all means go for it. As for cable, I know that it isn't as good as some of what the dishes can offer, but I know that our Comcast Cable specifically has something called the sports package and offers something like 40 channels or so just for sports. Dunno if that is what the dish offers or not as I cannot have a dish, but just figured I would mention that. Also I do know that the dish at least back when I did check into it didn't have the On Demand stuff. That is a VERY nice feature to have I have to admit.

[Drover]

Originally Posted by NYrules

I understand that the OP was speaking in terms of rental units and no HOAs. I was merely pointing out the fact that rules can be passed to prohibit them and land lords who own the building can do the exact same thing and may very well say, "no antennas or dishes are to be attached to my building" Heck if we can do it, so can he/she.

Neither of you can. If an HOA member wanted to press the issue, the association would have to back down and allow dishes no more than a meter in diameter (larger in Alaska) and certain other devices. Straight from the horse's mouth:

47 C.F.R. §1.4000: Restrictions impairing reception of television broadcast signals, direct broadcast satellite services or multichannel multipoint distribution services.

(a)(1) Any restriction, including but not limited to any state or local law or regulation, including zoning, land-use, or building regulations, or any private covenant, contract provision, lease provision, homeowners' association rule or similar restriction, on property within the exclusive use or control of the antenna user where the user has a direct or indirect ownership or leasehold interest in the property that impairs the installation, maintenance, or use of:

(i) An antenna that is:

(A) Used to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, and

(B) One meter or less in diameter or is located in Alaska;

(ii) An antenna that is:

(A) Used to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite, and

(B) That is one meter or less in diameter or diagonal measurement;

(iii) An antenna that is used to receive television broadcast signals; or

(iv) A mast supporting an antenna described in paragraphs (a)(1)(i), (a)(1)(ii), or (a)(1)(iii) of this section;

is prohibited to the extent it so impairs, subject to paragraph (b) of this section.

(b) Any restriction otherwise prohibited by paragraph (a) of this section is permitted if:

(1) It is necessary to accomplish a clearly defined, legitimate safety objective that is either stated in the text, preamble, or legislative history of the restriction or described as applying to that restriction in a document that is readily available to antenna users, and would be applied to the extent practicable in a non-discriminatory manner to other appurtenances, devices, or fixtures that are comparable in size and weight and pose a similar or greater safety risk as these antennas and to which local regulation would normally apply; or

(2) It is necessary to preserve a prehistoric or historic district, site, building, structure or object included in, or eligible for inclusion on, the National Register of Historic Places, as set forth in the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470, and imposes no greater restrictions on antennas covered by this rule than are imposed on the installation, maintenance, or use of other modern appurtenances, devices, or fixtures that are comparable in size, weight, and appearance to these antennas; and

(3) It is no more burdensome to affected antenna users than is necessary to achieve the objectives described in paragraphs (b)(1) or (b)(2) of this section.

Additionally, Here is the FCC report (caution: pdf) pursuant to their decision to require landlords to allow satellite dishes and the like.



-

[Lindsey_Mcfarren]

It was also my understanding that it was against Federal regulations to dis allow a satellite dish. The only thing to get in the way of that of course is does your apartment have a place to mount the dish with a clear path in the direction it needs to be pointed.

[KevK]

Originally Posted by NYrules

Speaking from my homeowners association board I am on, YES we can tell people NO dishes. We do it all the time and nobody has ever said boo about it. They can't in all honesty because the association rules state "lawn furniture, bbq grills, and potted plants are the only acceptable items allowed on decks/balconies. Violators are subject to hearings and subsequent fines." Satellite dishes do not fall into any one of those three categories and really nobody seems to mind because many of our residents view them as an eye sore anyway. We get around the monopoly laws due to the fact that there is great TV reception and I realize it only gives you the local channels but I believe by law is all you are entitled to due to the necessity for news and alerts from the government so it's not viewed as a monopoly then.

I would highly suggest that you have your attorney review the rules of the FCC before you end up with a lawsuit that is going to cost you alot of money. You may require that they placed in a way that does not impair reception of the tenant. You just have not had a resident yet that either knows their rights or wants to puch the issue. But it is only a matter of time. Here is the LAW:
The rule (47 C.F.R. Section 1.4000) has been in effect since October 1996, and 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.

Effective January 22, 1999, the Commission amended the rule so that it also applies to rental property where the renter has an exclusive use area, such as a balcony or patio.

On October 25, 2000, the Commission further amended the rule so that it applies to customer-end antennas that receive and transmit fixed wireless signals. This amendment became effective on May 25, 2001.

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, 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 whole thing is at www.fcc.gov

[KevK]

Originally Posted by Avengerfire

Great job for the research.

(This is not soley directed towards you or anyone else in particular...) But I believe the original poster asked about an apartment building, not a place that is ruled by a homeowners association.

The rule applies to apartments too so long as the dish is on your own deck, patio or balconey in an area you have exclusive control over.

[KevK]

Originally Posted by NYrules

I understand that the OP was speaking in terms of rental units and no HOAs. I was merely pointing out the fact that rules can be passed to prohibit them and land lords who own the building can do the exact same thing and may very well say, "no antennas or dishes are to be attached to my building" Heck if we can do it, so can he/she. I also was pointing out that our by-laws do not say a person cannot use a dish, we just merely say you cannot attach one to any part of our buildings or railings or have it visible. If an owner can figure out another way to use a dish without it being seen, then by all means go for it. As for cable, I know that it isn't as good as some of what the dishes can offer, but I know that our Comcast Cable specifically has something called the sports package and offers something like 40 channels or so just for sports. Dunno if that is what the dish offers or not as I cannot have a dish, but just figured I would mention that. Also I do know that the dish at least back when I did check into it didn't have the On Demand stuff. That is a VERY nice feature to have I have to admit.

You may say that it cannot be attached to the building and be within your rights. You may NOT say that it cannot be visible because you are impairing its reception. If a resident has a balconey or deck or patio and installs a dish on a tripod or in a bucket of concrete that is not attached to the building, he is perfectly within his rights to do so whether or not it is visible.

[KevK]

Originally Posted by Lindsey_Mcfarren

It was also my understanding that it was against Federal regulations to dis allow a satellite dish. The only thing to get in the way of that of course is does your apartment have a place to mount the dish with a clear path in the direction it needs to be pointed.

That is true. All you have to make sure of is that the condo or apartment has a balconey under your exclusive control and that balconey faces SW and you are home free.