Hello everyone.
I just had a not-so-lovely discussion with my soon-to-be property manager over the phone and one of her office lackeys. I first called and politely inquired about any restrictions for installing satellites (knowing full well what she'd say) and the office assistant sternly informed me that I had no choice but take what they provided. She brushed off my sob story of being a current Dish subscriber and said she was sorry but that I had no choice. I then, still politely, asked her if the management was aware of the FCC regulation prohibiting them from not permitting my installation. She hung up.
I called back and got the property manager (who must have been listening in the whole time) and said she was fully aware of the law and that it didn't matter; they were a special case and the regulation didn't apply to them and that it was written into their lease that you couldn't install anything. I calmly asked her to clarify and she said that since they were a private property, that they were within their rights to deny your installation. I asked if that even included in my exclusive use area on the back patio and she said it did include that area as they consider the
private patios attached to their units as
common areas. At least there's no conflicting terms there.
OTARD applies to EVERYONE who has access to an area which is for their use only and can place an antenna into that area without infringing on the ability of someone else to use.
It does NOT matter what the lease says.
The FCC is your friend and will intervene on your behalf, but you must do some legwork and open a case with them.
Start with this:
Installing Consumer-Owned Antennas and Satellite Dishes, print it and then get a copy of your lease.
Then document your conversations, write out your notes - bullet point style, and call the FCC at the FCC's Consumer Center 888-CALL-FCC (1-888-225-5322). Be composed and take your time answering their questions.
If you have the time and can put together a well written summary, including a transcription of your conversation with the manager, along with a copy of the lease with the restriction highlighted, sent it all to:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, SW
Washington, DC 20554
Be prepared for a wait if you write. They are pretty quick to respond but with all the threats being sent via US Mail, letters can be delayed by up to 30 days as they are sniffed for Anthrax and other substances. Calling is always the quickest and then you can fax any documentation they might require.
They WILL act in your behalf.
Per OTARD, no condo association, rental property owner or manager, or landlord can prohibit any OTA antenna which falls under the classification of, and within the guidelines of, OTARD.
This is pretty much any RECEIVING antenna, whether for OTA TELEVISION, SATELLITE, SHORT WAVE, FM, SATELLITE, that protrudes less than TWELVE FEET above the surface on which it is place and meets all of the other requirements stated in the OTARD regulations. With the exception of SATELLITE INTERNET, OTARD does NOT cover transmitting antennas.
There can be NO ADVANCE NOTICE required; no PERMIT, no design submissions, no fees, no inspections, NOTHING, so long as it meets OTARD specifications.
Where homeowners associations have fought back against the Commission, they have lost, BIG TIME, with the FCC taking them to court, not the resident. Go to the OTARD website and search on VERNON HILLS ILLINOIS. A wealthy condo association got fined and had their hands slapped big time when they refused to obey a Commission ruling. When the Commission kept ruling in the home owner's favor, the homeowner's association took the homeowner and the Commission to court and lost - being fined for disobeying the Commission's initial ruling. It takes a bit of time to search and read the OTARD rulings, but it is absolutely worth while for anyone who has a problem with OTARD uninformed individuals.
Remember, the OTARD rules were made for those of us who want DISH and television reception where we are otherwise restricted and fall into the OTARD acceptable use regulations.
NO ONE HAS THE RIGHT TO OVERRULE THOSE RESTRICTIONS SO LONG AS THE PLACE YOU WANT TO PLACE THE DISH OR ANTENNA IS UNDER YOUR EXCLUSIVE CONTROL - IE: NOT ACCESSIBLE TO ANYONE EXCEPT YOU, AND YOU FOLLOW THE OTARD RULES.
You CANNOT be evicted. You cannot have your lease renewal denied [Yes, the Commission has intervened in those situations as well.]
If you truly like the apartment and want a satellite dish, call the FCC and let them do the fighting for you. They will, and if you provide the necessary documentation, they will win.
