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The Battle is on! My landlord now demands I remove my dish

Discussion in 'DIRECTV Installation/MDU Discussion' started by Lord Vader, Apr 27, 2011.

  1. landlordking360

    landlordking360 New Member

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    Jan 22, 2013
    I was looking up laws on the removal of the dish and wires.

    According to Federal Communication Commission:

    What Types of Antennas Are Covered Under the OTARD Rules?

    The following antennas or dishes are covered by these rules:

    A "dish" antenna one meter (39.37 inches) or less in diameter (or any size dish if located in Alaska), designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.
    An antenna that is one meter or less in diameter and is designed to receive video programming services via broadband radio service (wireless cable), or to receive or transmit fixed wireless signals other than via satellite.
    An antenna that is designed to receive local television broadcast signals. Antennas used for AM/FM radio, amateur (“ham”) radio, CB radio, Digital Audio Radio Services (“DARS”) or antennas used as part of a hub to relay signals among multiple locations are not covered by these rules.

    What Types of Properties Are Covered?

    Under the OTARD rules, an owner or a tenant has the right to install an antenna (that meets size limitations) on property that he owns or over which he has exclusive use or control. This includes single family homes, condominiums, cooperatives, townhomes and manufactured homes. In the case of condominiums, cooperatives and rental properties, the rules apply to “exclusive use” areas, like terraces, balconies or patios. “Exclusive use” refers to an area of the property that only the renter and people allowed by the renter may enter and use. If the area is shared with others or accessible without the renter’s permission, it is not considered to be an exclusive use area.
    (( If thers is no areas that any renter has for Exclusive use areas in your apartments))
    OTARD rules do not apply to common areas that are owned by a landlord, a community association or jointly by condominium owners. These common areas may include the roof or exterior walls of a multiple dwelling unit. Under certain conditions, if a common antenna is available for use by residents, then the community association or landlord may prohibit the installation of an individually-owned antenna or satellite dish, provided the signal quality from the central antenna is as good as the signal quality from an individually-owned antenna or dish, and the costs of using the central antenna are no greater than the costs of an individually-owned antenna or dish.
    ((then by by satellites))
     
  2. Lord Vader

    Lord Vader Supreme Member

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    Galactic Empire
    I don't believe any of this was ever in dispute.
     
  3. iceman2a

    iceman2a Icon

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    Hudson, FL...
    :confused: :confused: :confused:

    What?
    What am I missing?
     
  4. harsh

    harsh Beware the Attack Basset

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    Salem, OR
    OTARD doesn't specify the removal of anything. Quite the opposite, it empowers the tenant do do what they need to do to receive a signal.

    The "law" you're looking for must be incorporated (directly or by reference) into the rental/lease contract. Most contracts have some manner of no attachments or restoration to original condition clause.

    If your contract doesn't include any such language, you're out of luck.
     
  5. P Smith

    P Smith Mr. FixAnything

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    Why do not keep dish and wires ? - your next tenant most likely would be interested in sat TV.
     
  6. Feb 6, 2013 #1006 of 1128
    Phil T

    Phil T Active Member DBSTalk Club

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    My daughter got notice Tuesday to remove her dish by Thursday because the apartment complex wants to replace the deck railing. (glad she wasn't on vacation). They also notified her they will be enforcing rules that the dish cannot be attached to any part of the building, tripod only. This sucks for her because I have tried a tripod and it will not work because of the soffit overhang. I installed a DirecTV rail mount that has worked fine for 2 years. The dish has to be as close to the rail as possible to clear the soffit. Even 1 ft. difference gives her LOS. Any ideas on how to get the 2" pipe as close to the rail as possible without touching it? Could Comcast be behind this because this will probably eliminate 20+ dishes that are rail mounted. Funny they have no issue with Comcast drilling holes and running wires everywhere. :(
     
  7. Feb 6, 2013 #1007 of 1128
    VDP07

    VDP07 Godfather

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    Wouldn't suprise me if that were the case. I used to service many customers at a local 360 unit complex. About 3 years ago, without giving any reason, the manager informed me that I was no longer allowed to install dishes on the property. I had become friends with one of the maintainance guys over the previous few years. He told me that the manager had struck a deal with Charter Comm. where he would get paid up to $100 for each resident that signed up for service. A large number of the tenants are South Asian and Arabic. The manager would not even allow me to post info about DISH's new DishWorld IPTV International Programming service. (no dish required)
     
  8. Feb 6, 2013 #1008 of 1128
    carl6

    carl6 Moderator Staff Member DBSTalk Club

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    You could probably build some type of custom rig that sits on a non-pen base. Weight the base enough to keep the assembly from tipping toward the extension arm the dish would be mounted on.

    O-----| extension arm
    _____|___ base
     
  9. Feb 7, 2013 #1009 of 1128
    Beerstalker

    Beerstalker Hall Of Fame

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  10. Feb 7, 2013 #1010 of 1128
    Phil T

    Phil T Active Member DBSTalk Club

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  11. Feb 7, 2013 #1011 of 1128
    Lord Vader

    Lord Vader Supreme Member

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  12. Feb 7, 2013 #1012 of 1128
    Phil T

    Phil T Active Member DBSTalk Club

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    I saw your picks (Page 27). I have to have a straight pole and the LNB will have to extend over the rail to hit the satellites. The letter I saw yesterday said the dish could not be attached but nothing about extending over.

    It is funny that I saw at least 5 installations on apartments that had the new railing installed. Their enforcement person is going to be busy. :D
     
  13. Feb 7, 2013 #1013 of 1128
    Lord Vader

    Lord Vader Supreme Member

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    I believe that technically, nothing is permitted to extend over and that a landlord can require one's entire dish, including the LNB, to be within one's exclusive property. Nevertheless, I'd let your landlord worry about that.
     
  14. Feb 7, 2013 #1014 of 1128
    Phil T

    Phil T Active Member DBSTalk Club

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    I also saw something so dumb I could not believe it yesterday. When I took down the dish I needed to set up a OTA antenna (rabbit ears) so my daughter at least has some TV to watch. Her Westinghouse 46" LCD TV would not do a OTA channel scan without getting an access code from Westinghouse! I did a web search and found you could sent a text message to get a code. Tried that and it did not work, but they gave you a phone number to call. Tried that and it didn't work but it gave a web address. Finally was able to get a code by putting in the model number and serial number. Why in the world would they require an access code to get a TV to scan for OTA channels? I don't get it.
     
  15. Feb 7, 2013 #1015 of 1128
    studechip

    studechip Godfather

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    I've never heard of something so stupid. Okay, I have, but this is right up there.
     
  16. Feb 7, 2013 #1016 of 1128
    jadebox

    jadebox Godfather

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    According to their web site:

    Q: Why do I need to enter a tuner code for my television to receive over-the-air broadcasts?
    A: This enables Westinghouse users to choose a feature that most TV users do not use, receiving over-the-air broadcasts. This choice simplifies TV operation for users who do not intend to receive such broadcasts, such as by avoiding unnecessary channel scans. The access code input enables Westinghouse to accurately count the end users who seek to enable the ATSC tuner, for purposes of royalty reporting (but for the end user, this activation is free). This looks to the future of television design: Digital televisions are beginning to include installable hardware or software features.​

    http://westinghousedigital.com/support/tuner-activation-faqs/

    I love the little editorial at the end - "this looks to the future of television design." They are comparing this to downloadable apps and plug-in hardware. It's a feature! :)

    -- Roger
     
  17. Feb 7, 2013 #1017 of 1128
    P Smith

    P Smith Mr. FixAnything

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    They are just try to monetize where is no money should be spend by customers. Bad, very bad.
     
  18. Feb 7, 2013 #1018 of 1128
    Phil T

    Phil T Active Member DBSTalk Club

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    Nice find jadebox! I did not see that when I was searching for the code.
     
  19. Feb 8, 2013 #1019 of 1128
    Herdfan

    Herdfan Well-Known Member

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    Can they really get away with only paying ATSC tuner royalties on the customers that actually use the tuner?
     
  20. Feb 8, 2013 #1020 of 1128
    P Smith

    P Smith Mr. FixAnything

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    Nay. Only counts officially activated tuners. Regardless of using or not.
     

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