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Guest Message by DevFuse

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


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1045 replies to this topic

#1 OFFLINE   Lord Vader

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Posted 27 April 2011 - 04:48 PM

I've lived in my particular complex for 12.5 years. My current Slimline dish is on my balcony (2nd floor), not protruding over the edge and on the inside post of my balcony railing--nice and secure.

A few years ago they asked me to remove it. I submitted to them the FCC's OTARD rules and they backed off (begrudgingly). Today, when visiting my leasing office for something else, I was informed that their regional manager has ordered me to remove my dish immediately. She claims that they have that right because they have a central dish that serves the whole complex. They do, but it's DISH Network (who signed an exclusivity deal with the complex), and it was enacted in 2005, 7 years after I moved and installed my dish.

So, I'm wondering if I still can keep my dish. The way I read the rules seems to indicate that yes, I can. Am I wrong or do I have a legitimate defense against them?

FAITH: I find the lack of it disturbing.

Opinions are my own but should be those of all Americans, who would be much better off intellectually, psychologically, and emotionally if that were the case.


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#2 OFFLINE   jdspencer

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Posted 27 April 2011 - 04:53 PM

Show them the OTARD fact sheet again. The regional manager needs to know the facts.
You have the right to use whatever service you want.

Linked here for any others that may also need it.
http://www.fcc.gov/mb/facts/otard.html

I think this is the pertinent section.

Q: If my association, building management, landlord, or property owner provides a central antenna, may I install an individual antenna?

A: Generally, the availability of a central antenna may allow the association, landlord, property owner, or other management entity to restrict the installation by individuals of antennas otherwise protected by the rule. Restrictions based on the availability of a central antenna will generally be permissible provided that: (1) the person receives the particular video programming or fixed wireless service that the person desires and could receive with an individual antenna covered under the rule (e.g., the person would be entitled to receive service from a specific provider, not simply a provider selected by the association); (2) the signal quality of transmission to and from the person's home using the central antenna is as good as, or better than, the quality the person could receive or transmit with an individual antenna covered by the rule; (3) the costs associated with the use of the central antenna are not greater than the costs of installation, maintenance and use of an individual antenna covered under the rule; and (4) the requirement to use the central antenna instead of an individual antenna does not unreasonably delay the viewer's ability to receive video programming or fixed wireless services.


Good luck.

Edited by jdspencer, 27 April 2011 - 05:01 PM.

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#3 OFFLINE   sigma1914

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Posted 27 April 2011 - 04:54 PM

The Dish exclusivity deal should only keep from DirecTV setting up a MDU deal there...I think.

Go get em, LV!
If you stop responding to them or put them on ignore, then eventually they'll go away.

#4 OFFLINE   MysteryMan

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Posted 27 April 2011 - 04:56 PM

Unless OTARD was amended you should be covered unless you signed a new agreement the complex.

DirecTV customer since 1995.


#5 OFFLINE   Lord Vader

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Posted 27 April 2011 - 05:05 PM

Doesn't look like it was amended. I sent them the OTARD rules. So far, the regional manager's initial response has been, "We have an agreement with a satellite provider. If you wish to continue to receive satellite service, you must do so through them and remove your current dish. You have 48 hours to comply."

THEY CAN PRY MY SATELLITE DISH FROM MY
COLD.
DEAD.
HANDS!
:flaiming:flaiming:flaiming
  • Jimmy 440 likes this

FAITH: I find the lack of it disturbing.

Opinions are my own but should be those of all Americans, who would be much better off intellectually, psychologically, and emotionally if that were the case.


#6 OFFLINE   hilmar2k

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Posted 27 April 2011 - 05:12 PM

I think your landlord underestimates the vigor in which you will tell them to go pound sand.

#7 OFFLINE   Lord Vader

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Posted 27 April 2011 - 05:14 PM

Oh yeah!

If they want a fight, they've got one!

:new_cussi:new_cussi:new_cussi

:flaiming :flaiming :flaiming :flaiming :flaiming :flaiming :flaiming

FAITH: I find the lack of it disturbing.

Opinions are my own but should be those of all Americans, who would be much better off intellectually, psychologically, and emotionally if that were the case.


#8 OFFLINE   tonyd79

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Posted 27 April 2011 - 05:15 PM

Just wait until LV uses that grip the throat thingee. Just send him the video.

Good luck. Another out of control authority figure.
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#9 OFFLINE   RobertE

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Posted 27 April 2011 - 05:26 PM

I suggest you get the SBCAs team on it as well http://www.sbca.com/otard/default.asp

They know the rules inside and out. I have a feeling the regional manager will take things seriously when they inform him they will be filing a federal suit on your behalf.

Now, you probably already know, this will most likely result in them not renewing your lease when the time is due.
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#10 OFFLINE   Lord Vader

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Posted 27 April 2011 - 05:31 PM

If they do that, I will follow through on my other threat--informing ALL 440 units in my complex that they CAN install their own satellite dishes if it's DirecTV. The landlords don't want anyone to install a dish solely because of their exclusivity agreement with DISH Network.

I did this to two other new tenants simply because I overheard arguments when they signed lease agreements. I waited until they left the office, approached them, and provided them with the OTARD rules. They're now DirecTV customers. :)

FAITH: I find the lack of it disturbing.

Opinions are my own but should be those of all Americans, who would be much better off intellectually, psychologically, and emotionally if that were the case.


#11 OFFLINE   Flugelman

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Posted 27 April 2011 - 05:43 PM

If they do that, I will follow through on my other threat--informing ALL 440 units in my complex that they CAN install their own satellite dishes if it's DirecTV. The landlords don't want anyone to install a dish solely because of their exclusivity agreement with DISH Network.

I did this to two other new tenants simply because I overheard arguments when they signed lease agreements. I waited until they left the office, approached them, and provided them with the OTARD rules. They're now DirecTV customers. :)


Did'ja get the $100 referral bonus?:)

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#12 OFFLINE   Lord Vader

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Posted 27 April 2011 - 05:53 PM

Yup


:D

FAITH: I find the lack of it disturbing.

Opinions are my own but should be those of all Americans, who would be much better off intellectually, psychologically, and emotionally if that were the case.


#13 OFFLINE   Lord Vader

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Posted 27 April 2011 - 05:54 PM

Just wait until LV uses that grip the throat thingee. Just send him the video.

Good luck. Another out of control authority figure.



LYbwbYx82_I

FAITH: I find the lack of it disturbing.

Opinions are my own but should be those of all Americans, who would be much better off intellectually, psychologically, and emotionally if that were the case.


#14 OFFLINE   cabletech

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Posted 27 April 2011 - 06:07 PM

Load Vader If you are told that you have to move or sign a new lease agrement, just tell them, (AND FOLLOW UP,) that you are also filing a complant with you local attorny general on fair housing and the fcc. You have the right to have the service of your choice as long as the dish from the sat service you wish is either not central provided or is in the 'fully controled' area of your apartment. NOW having said that, IF the dish was on a tripod or pole any where in the 'common' grounds area (even a flour bed your control) THEN they can have you remove it. Wish you the best

#15 OFFLINE   trh

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Posted 27 April 2011 - 06:13 PM

So far, the regional manager's initial response has been, "We have an agreement with a satellite provider. If you wish to continue to receive satellite service, you must do so through them and remove your current dish. You have 48 hours to comply."


The SBCA link provided by RobertE is a great resource. You can also file a petition with the FCC. I had to do that with our HOA and within one week, the HOA had a letter from the FCC telling them that they were wrong. Get it all in writing if you can.

You'd think these management companies would train their personnel better; especially a company large enough that they have a regional manager.

#16 OFFLINE   Kevin F

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Posted 27 April 2011 - 06:33 PM

Did'ja get the $100 referral bonus?:)


+1.

The referral program is a great thing. Now watch cable steal it someday and call it new and intuitive! Hahha
Kevin

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#17 OFFLINE   Lord Vader

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Posted 27 April 2011 - 06:38 PM

The SBCA link provided by RobertE is a great resource. You can also file a petition with the FCC. I had to do that with our HOA and within one week, the HOA had a letter from the FCC telling them that they were wrong. Get it all in writing if you can.

You'd think these management companies would train their personnel better; especially a company large enough that they have a regional manager.


Marquette Management is a pretty large company with properties in several states. They're headquartered near here, too, BTW.

FAITH: I find the lack of it disturbing.

Opinions are my own but should be those of all Americans, who would be much better off intellectually, psychologically, and emotionally if that were the case.


#18 OFFLINE   joe diamond

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Posted 27 April 2011 - 08:37 PM

This could be fun,

With a toner, a little cable, maybe a power inserter I can see a Directv dish next to the DISH rig. Some things are more exclusive that others. If management wants the Directv rig off the deck...how about them paying to get you service from a central Directv dish.

Also, the district manager is a worm. He personally should have contacted you. That he used an office wonk speaks to his level of guts. Try grinding him.

Joe

#19 OFFLINE   Lord Vader

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Posted 27 April 2011 - 08:40 PM

"He" is a "she."

She didn't get someone to do her work; rather, it was more coincidental that the very moment I walked in (unannounced and unexpected) to discuss an impending renovation, the leasing manager literally just hung up the phone with her regional manager.

FAITH: I find the lack of it disturbing.

Opinions are my own but should be those of all Americans, who would be much better off intellectually, psychologically, and emotionally if that were the case.


#20 OFFLINE   Lord Vader

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Posted 27 April 2011 - 10:40 PM

I suggest you get the SBCAs team on it as well http://www.sbca.com/otard/default.asp

They know the rules inside and out. I have a feeling the regional manager will take things seriously when they inform him they will be filing a federal suit on your behalf.

Now, you probably already know, this will most likely result in them not renewing your lease when the time is due.


Just for schits and giggles I went ahead and filed a complaint on that site. Can't wait to see what happens.

FAITH: I find the lack of it disturbing.

Opinions are my own but should be those of all Americans, who would be much better off intellectually, psychologically, and emotionally if that were the case.





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