Ironic! Installer can't have Satellite where he lives

[ZawNH-VT]

I'm an installer, I installed systems for everybody else everyday but I'm not allowed to have satellite where I live!!!!!!!!!!!!!

I used to be in California then I moved to NH/VT area with my g/f and was able to get a Installation job up here too so the world is perfect. G/F came up here first and got an apartment her self I moved in with her brought my DirecTivo system with me.

I have good sight on my porch area so I installed without permently attached to the building at all then Land Lord said I "can't" have satellite in the building due to insurance reasons.

The way I have it don't damage the building, nobody will trip on it, I even ran the wires under the door ( Not worry about damageing wires I could replace them my self as much as needed). We're on the lease so breach of lease will take our deposit if I want to move to an apartment that OK with dish, I'm on contract with DTV I'll have to breach contract with them. Cable don't offer channels I want or TiVO service.

I read the OTARD ruleing, My installation is in the Gray area of it. because Its installed actually on unfenced porch/step lead on my door.

For sake of arguments I've been just putting the dish out when land lord are not around, night time after they get off work etc etc. Lately winter approaching land lord keep coming over trying to fix heater issues. And I got caught with the dish outside.

So far I told them that FCC said Landlord can't say "Can't Have Satellite" and no where on my lease that said I can't have satellite or I have not seen their insurnace policy that said Can't have satellite in the building. I'm not going to remove my dish until I see the insurance policy that said no satellite system allowed on the building what so ever. He said he will send me the copy of the policy on monday.

The most concern is If other residents see my dish they might want it too and they have have installer carelessly attach the dish on the build and damage it etc etc.

What make me sick was cable company have their wire hangin on the building and one day somebody hit the pole and rip out the siding of the building, They came to reattach the cable by putting another leg on the building and left the damanged area without even calking it.

Then they came back a few month later to wire the whole building with RG6. When they do that instad of pulling the old 59's out and enlarge the hole to fit RG6 they drill new hold run new RG6 to TV then pull the old 59's out. Which means 2 holes per room and the land lord say nothign about it. Other then that their distrubution system was much cleaner then before thought.

If anyone know the Laws on apartment lease policies or want to look at my installation pictures for give me some advice, very much apperciated.

Thanks

 

[CablerMN]

Not an attorney but every interpretation of OTARD I have seen says, if you have exclusive use to the area where you will place the dish without damage or alteration to the property; your covered.

If there is an issue, then the LL can file with the FCC ... WITHOUT TAKING DOWN THE DISH. If you lose the ruling THEN you must to take it down but not until that time.

 

[hdtvtechno]

here check out this website and print it out and give it to the landlord so they read it.
http://www.fcc.gov/mb/facts/otard.html

 

[ZawNH-VT]

Need more help fighting.

Well he's suppose to bring the letter that said no dish on the building from Insurance company but he didn't wait.

He came by Today and told me to remove the dish. I had a big argument with him. He said "We Don't Allow Satellite in any of our buildings" He said that he will have to send a guy out to remove the dish and charge me hourly for it.

I told him FCC mandate said you can't say " Don't Allowed, or Can't have" but you can only restrict how it should be install accrording the documents. He said he don't care and because they own the building they can say dish is not allowed.

I have a copy of FCC mandate, I try to give it to him but he refuse to take it. He said he don't care. I got his license plate number if he take the dish from me I should probably report it to the police.

Any suggestions??

 

[PSB]

I notice no one has mentioned grounding the system to local and NEC code! Can be impossible in most apartments, if it cant be ground to code the LL. is 100% right! (IMO)

 

[Loki]

I have found some information on where to call to deal with guys like this. I am also an installer and have had several of these "mosquitoes" (they can do nothing really other than annoy you). Call this number and ask about a way to file an official complaint or petition. For further information or a copy of the rule, call the Federal Communications Commission at 888-CALLFCC (toll free) or (202) 418-7096.

 

[Loki]

I did some more searching and it appears that your management company may have to allow a way for you to ground your system to nec codes (thank you so much for your helpful post peter bain). This information also contains some more contact info about what restrictions your landlord can place on your dish. P.S -dont give up this fight because as an installer this is one the persecutions that weakens our industry and our ability to compete. Show this monkey landlord that even he "the great super I can do whatever i want" apartment guy has to abide by the laws set fourth in our country or face the fines/jail time. the information is as follows:

by Mike Holt, NEC Consultant | Feb 01 '02






Knowing how important NEC issues are to our readers, we're introducing a new online Code Q&A column. Updated weekly, visit this link for answers to your latest Code questions and concerns.





Q. I represent a large multifamily management company. Many of our residents want to install small satellite dishes in their apartments. Our policy is the dish must be installed per the manufacturers installation procedures, which references the NEC. Additionally, our policy states that all wiring must stay within the tenants "rented" space, in this case the patio or balcony. Given these parameters, how can a small satellite dish be grounded properly per the NEC and still be installed in accordance with our management policy?



A. There is no way to comply with the requirements set forth in the 2002 NEC and meet your managements policy. In fact, your management policy is in violation of the Satellite Consumer Bill of Rights, a regulation released by the FCC on August 6, 1996. This regulation supercedes area zoning ordinances and Homeowner Association covenants and restrictions on DBS dish antennas. For more specific information, please contact the Satellite Broadcasting & Communications Association at (703) 549-6990, and/or the Federal Communications Commission at (202) 418-0163.

 

[ZawNH-VT]

I notice no one has mentioned grounding the system to local and NEC code! Can be impossible in most apartments, if it cant be ground to code the LL. is 100% right! (IMO)

Could be done also. There is a Electrical Conduit running next to it.

 

[ZawNH-VT]

I'll post some pictures of this ghetto apartment and Right now it might not be compliant but when its all OK it could be all done nice and neat. This building is falling apart. One side of the building lean over that a few of the room are closed and they're worrying about my dish. Gonna take a lot of pictures tomorrow.


I also found this link in my research
http://www.dishnetwork.com/downloads/pdf/getdish/what_is/cust107customersart.pdf

 

[ZawNH-VT]

Well This AM the owner of the building called me concerning my Satellite. He said itstright up, I own this building I make the rules, no dishes on the property. If one have it 20 will goes up. That's the good thing for us satellite guys.

He also said there is no search ruling by the FCC. Its all up to the building owner 100% he said.

Filing partition with FCC today for this matter!

These yankees are hard headed.

 

[mkm4]

Just remember, when your lease is up, be prepared to move.

 

[ZawNH-VT]

Called FCC to get them involve, they send me an email about how to file a Petition. here is the cut and paste of it. So I wrote my stroy to FCC and mail it or I need to write it in some type of Legal letter?

Anybody got some experience in this plase help me out.

Thanks.
----------------------------------------------------------------
You are receiving this email in response to your inquiry to the FCC.

Thank you for contacting the FCC's Consumer Center.

OTARD - GUIDANCE ON FILING A PETITION

If someone wishes 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  1.4000), they
must file an original and two copies of the Petition at the
following address:

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

Petitions for declaratory rulings and waivers must be served on
all interested parties. If you are a viewer, you must serve a
copy of the Petition on the entity seeking to enforce the re-
striction (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.

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)

If a viewer files a petition or lawsuit challenging a local
government's ordinance, an association's restriction, or a landlord's
lease, the viewer must serve the local government, association or
landlord, as appropriate.

Multiple antennas:

Under the Rule, a viewer may install the number of antennas
necessary to receive the full array of video programming
available for reception in his or her viewing area.

The Rule is intended in part to achieve the Act's objective of
ensuring that consumers have access to "a broad range of video
programming services." While a restricting entity may prohibit
the installation of duplicative equipment which is not necessary
for the reception of the full complement of this programming, it
cannot impose an arbitrary limit on the number of antennas the
viewer may install. Memorandum opinion and order (MO&O) in CSR
5399-O Adopted: October 6, 1999, Released: October 8, 1999.

Q: What are the substantive requirements for filing a petition for
waiver or declaratory ruling?

A: To file a Petition for Waiver, follow the requirements in Section
1.4000(c) of the rule.The local government, community association
or landlord requesting the waiver must demonstrate "local concerns
of a highly specialized or unusual nature." The petition must
also specify the restriction for which the waiver is sought, or
the petition will not be considered.

To file a Petition for Declaratory Ruling, follow the requirements
set forth in Section 1.4000(d) of the rule. Set out the restriction
in question so that we can determine whether it is permissible or
prohibited under the rule. In a Petition for Declaratory Ruling, the
burden of demonstrating that a particular restriction complies with
the rule is on the entity seeking to impose the restriction (e.g.,
the local government, community association or landlord).

This e-mail contains an attachment that is in ".pdf" format. If you are unable to open this attachment, it is most likely because your computer doesn't have Adobe Reader, which is the program needed to open these types of files. You can install a free copy of Adobe Reader from the Adobe Web site at http://www.adobe.com/products/acrobat/readstep2.html.

Rep Number : CTR02

 

[ShadowEKU]

Ive fought this fight before... stick to it and dont give up. if he calls someone to take it of fhte property (sinc eyou own the dish and such) the person who removes it is an acessory and the manager is a thief in the eyes of the law. He can tell you to remove it all he wants (especially since its unattached to the building) but if he touches it he is touching your private property. I wouldnt bring it in at all even when he is around just because it would be annoying to me to have to bring it in and put it out... and if you are using concrete bucket... pretty dang heavy. Like someone else said.. after your lease is up be prepared to move. My last landlord forfeited a break lease fee due to this (which saved me 500) but just know that you (so far) are absolutely correct.

 

[korsjs]

Please keep us up to speed on all of this stuff you are doing/going through.

 

[dishjockey]

location

Where are you in nh?

 

[ZawNH-VT]

I'm in Lebanon. The company I work for is in White River Junction, VT. We cover the whole uppper valley area, we do Dish/Direct/C-band and complete home theaters.

 

[ZawNH-VT]

Today once again the Owner of the apartment came by and tell me to remove it. I didn't say OK but he just said remove it today OK nicely and left.

I told him I alredy send letter to you and FCC and local Consumer Affair about this matter for this is legal battle between you and me right now. Nobody knows who right until we both hear back form FCC and Consumer Affair. So I don't need to remove it yet. If I loose I'll cancel my service and happy to remove the dish for good. How ever the law always state that even after I loose I have a few weeks to remove it before you can fine me also.

He said he talked to his lawyer and the lawyer found nothing about OTARD. I offered him a copy of the OTRAD document for his lawyer he refused to take it. ( what a hard head)

He also said I only lease the inside of the building, all out side is his and he maintain it and its his property. He don't want anyone dishes on his property he said.

 

[dfergie]

Do you actually think he has a lawyer or is trying to B.S. you?

 

[jdspencer]

Today once again the Owner of the apartment came by and tell me to remove it. I didn't say OK but he just said remove it today OK nicely and left.

...

He said he talked to his lawyer and the lawyer found nothing about OTARD. I offered him a copy of the OTRAD document for his lawyer he refused to take it. ( what a hard head)

He also said I only lease the inside of the building, all out side is his and he maintain it and its his property. He don't want anyone dishes on his property he said.

This guy is a real piece of work (you know what I really mean). Do you have a lawyer friend who could send an official looking letter with the OTARD to this guy?

Does he have some sort of agreement with your local cable company?

 

[minorthr]

In the end if the spot were you have the dish is considered an exclusive use area you are going to win and this ass is going to be pissed. I would start looking for new places to stay becasue once your lease is up im sure he is going to want you out.