Apartment wants Dish down, or else they will evict!

[Needa916]

Anybody heard of this? My apartment gave us a notice that they will evict us if we don't take the Dish down.

I read all the FCC regulations and also the lease agreement and they both say that I can have a Dish in the area for "exclusive use" by renter, such as a balcony. Our Dish is on a balcony, the only problem is that because of the overhang, we have to place the dish close to the edge (still well within the balcony). The long arm portion sticks out about 6 inches over the edge. You really have to get directly underneath the balcony to even notice that this is hanging out a bit.

The installer was out here last week for hours trying to place it everywhere to get a decent signal, and not have it stick out. He even tried it in the middle of the balcony, in the tripod area, and no signal. So the terms and conditions of the apartment complex is preventing me from getting a signal. In other words, if I move the dish to where they are wanting me to put it, I won't get signal. Isn't that illegal for them to do that??? Since we already tried all locations in my "exclusive use" area, and failed I have to cancel my Dish and my new HD channels. I don't think local cable company has HD here in Irvine, Ca. Besides, they are expensive!

Anyone have any help or documents? Like I said before, I already have the 12 page FCC document on the dish placement and my rights. Should I just bite it and leave it alone?

 

[cpdretired]

Is there anything in your lease regarding the installation of DBS dishes? If not what legal grounds would the landlord have to evict you?

 

[korsjs]

try to take a picture and post it. my guess is you are ok and it is illegal for them to do this. do a search on this site, there was all kinds of links and suggestions. best of luck.

 

[silversurfer]

Welcome to SatelliteGuys! Try this thread out for a lot of good information that is similar to your situation...http://www.satelliteguys.us/showthread.php?t=44451

 

[charper1]

The have to provide you with the details of why your install violates the exclusive use or safety policy. If as you say you are mounted on the hand railing then it can be really easy for them to prove a violation. So what are their detailed reasons?

 

[charper1]

So the terms and conditions of the apartment complex is preventing me from getting a signal. In other words, if I move the dish to where they are wanting me to put it, I won't get signal. Isn't that illegal for them to do that??? Since we already tried all locations in my "exclusive use" area, and failed

Yes, they absolutely can stop you, if you violate any safety standards or fall outside of your 100% exclusive rights area. They are not obligated to provide you a location if your exclusive area doesn't provide a good line of sight for a signal. You might try seeing if you can get into another apartment there where you do have a good line of sight from your exclusive area.

 

[Needa916]

Yes, they absolutely can stop you, if you violate any safety standards or fall outside of your 100% exclusive rights area. They are not obligated to provide you a location if your exclusive area doesn't provide a good line of sight for a signal. You might try seeing if you can get into another apartment there where you do have a good line of sight from your exclusive area.

Actually, according to the FCC, they don't have to provide a place, but they can't prevent me from having a dish.

Section 207 of the Telecommunications Act of 1996 directed the FCC to create the "Over the Air Reception Devices Rule". This rule is cited as 47 D.F.R. Section 1.4000 and has been in effect since October 14, 1996. It prohibits restrictions that impair the installation, maintenance, or use of antennas used to receive video programming. The rule applies to video antennas including satellite dishes that are less than one meter in diameter.

Effective January 22, 1999, the FCC 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.

Their terms and conditions restricts...the use of a dish to receive programming. If I have to move it back, I don't get a signal. Simply, thats a restriction right there.

Anyway, I called Dish to cancel and they offered (for $50) to send someone else to take a look and relocate the dish. I doubt this new guy is going to find a good place, since the previous guy failed. I talked to my roomate about going to the FCC with this and he is backing down, since he put up the deposit. He doesn't want me to do anything till he gets deposit back, I can understand that.

cpdretired: Yes, there is something about dishes in the lease agreement. It says it cannot stick out past the balcony. We are talking about 6" of the tip! Not the dish itself! Its NOT a safety hazard. I don't mind paying someone to come out and move the dish. My roomate just told me they want it "out of sight". They want the dish moved down about 6" and back 6" - which will make sure the balcony will block 6" of the dish. I am barely getting signal now...

Jeez, I didn't think it would be this much trouble to get HD.

 

[Needa916]

Welcome to SatelliteGuys! Try this thread out for a lot of good information that is similar to your situation...http://www.satelliteguys.us/showthread.php?t=44451

Lol, that guy has the same problem! I think this is a no-win situation. Will see what happens after Sunday.

 

[Pepper]

This is just my opinion so it's worth what you paid for it: if you are on the 2nd or higher floors, and part of the dish is outside the balcony, how could it not be part of your "exclusive" area? I would argue that any area you can reach without falling off the balcony, if the balcony would be the only way to reach it, is within your "exclusive" area. I guess somebody else in the complex could put up a ladder and use that space as "common area" but they would probably be violating the rules by doing so.

 

[CablerMN]

Its NOT a safety hazard.

One last bit of advice, in the form of a question ....

Is your dish mast grounded to the building common ground?

If not ... it's a safety hazard, they can force you to remove it.

 

[Needa916]

One last bit of advice, in the form of a question ....

Is your dish mast grounded to the building common ground?

If not ... it's a safety hazard, they can force you to remove it.

I am not sure about that question. What's a "mast ground"? Sorry to be dumb...

So I guess the answer is no, its not grounded. Still, dumb as hell, to evict because of a dish. The cost of living is high in Irvine (we pay about $1700/mo) and they will fill every apartment every month without advertising. They will find someone else to fill the apartment when we are gone. Quite simply, I am pissed because they are being jerks and risk losing a tenant for the sake of their rules. I guess I just don't understand all the details of owning an apartment complex. They must have their reasons.

Today, we also took the small Directv dish down also, even though it was totally out of sight and it DID NOT stick out at all. They got my roomate scared I guess...since its his deposit. So no TV till at least Sunday, and even then when the installer comes, if the apartment people don't approve, we have to sign up for cable (yuck), and I lose my $50 installation fee, along with the early termination fee for Dish ($240). All this for fricking TV! We will only be here for another 6 months, wonder if its worth it to get cable. Don't they (cable) require a 1yr commitment?

 

[Needa916]

This is just my opinion so it's worth what you paid for it: if you are on the 2nd or higher floors, and part of the dish is outside the balcony, how could it not be part of your "exclusive" area? I would argue that any area you can reach without falling off the balcony, if the balcony would be the only way to reach it, is within your "exclusive" area. I guess somebody else in the complex could put up a ladder and use that space as "common area" but they would probably be violating the rules by doing so.

Thats a good point. My neighbor came by and told us they are making him take his down also. His is on a tripod, and is totally on the balcony, and no part of it is sticking out. However, you can "see" it from the common road. I get a feeling they care more about the aesthetics than safety or anything else. I think they don't want a dish cluttering up the skyline. I believe I've got a good case for the FCC.

 

[CablerMN]

I am not sure about that question. What's a "mast ground"? Sorry to be dumb...

Your not dumb, it you were; you certainly wouldn't be here trying to get the info you need!

As for a dish mast, it is the tubing that the dish sits on. Be it the factory mast that came with the dish or a metal pole it is set upon, etc.

FWIW the OTARD rules allows for filing for a ruling by an FCC entity after the dish is installed. The LL, management company, owner, et al cannot do anything to you until after the ruling has been made. If in your favor the dish stays, if not, you must remove it immediately.

 

[Needa916]

great news!

Good news for me. An actual Dish installer came out on Sunday, re-positioned the dish behind the balcony, completly away from view of the street (I don't know how I am getting signal if its behind the balcony wall). No new holes were drilled, and the dish is now sitting on a weighted pole.

I actually got a stronger signal compared to before, and enjoyed the OTA Fox broadcast of SoupBowl without dropouts. The installed helped with the positioning of the Silver Sensor too, and the signal didn't cut off once. So far, no signal degradation due to bad weather yesterday. I am impressed with this installation. Well wortth the $50.

If landloard complains this time, I don't know what I am going to do

 

[charper1]

See the post right above yours by CablerMN. File for an FCC ruling per your rights.

 

[CablerMN]

For archival purposes:

http://www.fcc.gov/mb/facts/otard.html

Q: Can I continue to use my antenna while the petition or waiver request is pending?

A: Yes, unless the restriction being challenged or for which a waiver is sought is necessary for reasons of safety or historic preservation. Otherwise, the restriction cannot be enforced while the petition is pending.

Q: What are the procedural requirements for filing a Petition for Declaratory Ruling or Waiver with 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, 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.

Petitions for declaratory rulings and waivers must be served on all interested parties. An entity seeking to impose or maintain a restriction must include with its petition a proof of service that it has served the affected residents. Similarly, an antenna user seeking to challenge the permissibility of a restriction must include with the petition a proof of service that the antenna user has served the restricting entity with a copy of the Petition.

If you are an antenna user, you must serve a copy of the Petition on the entity seeking to enforce the restriction (i.e., the local government, community association or landlord). If you are a local government, community association or landlord, you must serve a copy of the Petition on the residents in the community who currently have or wish to install antennas that will be affected by the restriction your Petition seeks to maintain. 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 may foreseeably 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 might reasonably 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).

If you wish to file either a Petition for Declaratory Ruling or a Petition for Waiver pursuant to the Commission's Over-the-Air Reception Devices Rule (47 CFR Section 1.4000), you must file an original and two copies of your Petition on the following address:

Office of the Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
Attn: Media Bureau

 

[bnaivar]

You might also try to google the internet for one of the dish covers that are being sold. They are transparent to the satellite signal but make the dish look like a potted plant or something like that.

 

[Needa916]

Well they haven't said anything yet. I may not have to do anything else. I will try to post pics tomorrow. The dish is completly hidden. The only way to "see" it is through a one inch seperation in balcony, even then, you cannot see it. I wasn going to write the FCC, but my roomate thinks if we push issue any further, we won't get the deposit back.

So once we get deposit back, I am still going to send the copy of lease agreement with these ridiculous rules to the FCC. There has to be something illegal about them.

My sister in Michigan got the same notice from the land owners association or something. They made her relocate the dish too, on her OWN house! They said its messes up the skyline.

 

[charper1]

As far a landlords go, the FCC basicaly says that landlords can't make blanket rules stating you can't have a dish - period, but that they can make reasonable rules regarding safety and their property and allow the install if it fits those rules; thus the "your exclusive rights areas" and those are not very big, and do not include 100% of all the area you rent. They also don't not have to provide ANY space outside your exclusive area if that doesn't have line of sight.

As far as your sister's HOA, she got screwed and must have caved to their threat, because last I read as long as the dish is under a certain size (and all DBS dishes are) they can't say anything. If its over that size, the most they can legally do is say "you can't install it above the roof line.

 

[CablerMN]

... because last I read as long as the dish is under a certain size ...

One meter