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Can an HOA legally have provider-specific restrictions on satellite TV?

Discussion in 'General Satellite Discussion' started by Pink Jazz, Jan 12, 2012.

  1. trh

    trh This Space for Sale

    5,484
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    Nov 2, 2007
    NE FL
    but if putting the dish at the back prevents you from getting a signal, then that provision violates OTARD.
     
  2. James Long

    James Long Ready for Uplink! Staff Member Super Moderator DBSTalk Club

    45,328
    915
    Apr 17, 2003
    Michiana
    OTARD allows many different restrictions based on common use areas vs private use areas. Define the front and side yards as common use and they may not be protected by OTARD.

    I have lived in communities with a shared back yard ... it gave a nice large area where children could play together. That area would have been spoiled if people were able to put up fences and other obstructions on "their" part of the common property.

    Personally as long as the dish is installed cleanly in the least obtrusive location possible and is maintained (in active use and not falling apart) I don't see a problem. But rusty dishes, anything unused or dishes placed where another location would work and be less obtrusive is not being a good neighbor.
     
  3. PrinceLH

    PrinceLH New Member

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    Feb 18, 2003
    Yeah, you should see my place. I put up a couple of solar panels, then a Directv dish, then a Canadian Shaw Direct, next a 40 foot T.V. tower, with dedicated UHF and VHF Hi antenna heads. Then I added a dedicated FM antenna at the 25 foot level, then came a Ku dish, now a C Band dish. I'm surprised that they haven't called Homeland Security, with all of the array's on the roof and back yard.
     
  4. satinstallerguy

    satinstallerguy New Member

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    Apr 21, 2013
    Cleveland
    FALSE.... HOA can require you to put the Dish in a secluded area as to not have to see it from the street etc... However if LOS requires the dish in a location that IS visible they can not disallow it to be installed in that location. The HOA can NOT tell you which service you can have either ......... That is illegal.
     
  5. satinstallerguy

    satinstallerguy New Member

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    Apr 21, 2013
    Cleveland
    If LOS is only available in the front of a house, It is allowed overriding the HOA rules......... OTARD covers this.
     
  6. Volatility

    Volatility Legend

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    May 22, 2010
    The HOA as well as apartments can NOT tell you that you can not have satellite TV period. This is against FCC regulations that protect sat.tv companies from unfair competition and/or other reasons. If you are told you can only get Comcast, Charter, Mediacom, whomever that is unlawful and they are violating FCC rules. Section 207 of the Telecommunications Act established October 1996 required the Federal Communications Commission to issue a set of rules that prohibit restrictions by zoning boards, homeowners' associations, and similar such organizations that try to keep a viewer from getting satellite tv services with direct broadcast satellite dishes. They can ONLY tell you that you can not have the dishes mounted in a certain position, but you can have it on a balcony or other areas as defined by the FCC rules. If you can not get it the signal in the area allowed then that is a NLOS issue. From the FCC website: 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.
    http://www.fcc.gov/guides/over-air-reception-devices-rule

    If you're HOA or multi dwelling unit has stated you can not have sat.tv and must get cable tv instead, you can report them for violating the FCC rules. You can find a petition as stated on that FCC website by following the requirements in Section 1.4000c of the rule and write to:
    Secretary, Federal Communications Commission
    445 12th Street, S.W.
    Washington, D.C. 20554
    Attention: Media Bureau

    For more info you can call the FCC toll free at 1-888-225-5322
     

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