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


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1048 replies to this topic

#101 OFFLINE   jdspencer

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Posted 02 May 2011 - 11:05 AM

Between the OTARD and the FCC exclusive rule, I think the management will be like a dog running away with its tail between its legs. :D
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#102 OFFLINE   Laxguy

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Posted 02 May 2011 - 11:28 AM

I hope D*'s legal team jumps on this right after they bring Comcast Philly down to their knees.


How are they going to do the latter?? On what basis?

Or are you totally T.I.C.?
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#103 OFFLINE   dpeters11

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Posted 02 May 2011 - 11:42 AM

I went to Marquette Management's web site. Maybe you should remind your manager you're doing both. :)


Rule #2 is vague. Being a good neighbor could mean "Do what we tell you, and don't make waves" or something similar :)

#104 OFFLINE   PokerJoker

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Posted 02 May 2011 - 11:55 AM

Here is the FCC rule banning exclusive agreements. May the force be with you.


That document in and of itself does not apply to DBS providers. It says so right in it.

Does anyone know if the FCC later expanded the order to include them? One would hope so.

Keith

#105 OFFLINE   Lord Vader

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Posted 02 May 2011 - 03:25 PM

Today's update...

Still no news from my property manager's superiors, but I did receive an Email from Lisa McCabe of the SBCA today. In it, she indicated that Andrew Reinsdorf, DirecTV's VP of Government Affairs, is aware of my situation and wanted to know where I was in the process. I Emailed Lisa the status. As I told her, there's no point in me going to the FCC if my landlord backs down and leaves me alone. However, should they insist on my dish having to come down, then the next step WILL be a petition/complaint filed with the FCC.

Lisa gave me the number of an FCC contact with whom to deal on this.

BTW, just as an aside, and perhaps a "coincidence," but today on my door when I got home was a general note (meaning one that was copied and possibly distributed to all residents) that dealt with late rent payments and how the complex had been "VERY" (emphasis original) lenient in accepting late rent payments (which always carried a $100 late fee). Now, "pursuant to the owner's direction," they have decided to not be so lenient, and if someone was even a day late, they were going to immediately turn over the case to their attorneys, begin the eviction process, and assess the $545.00 attorney's fees, and more.

Now, in the 12.5 years of living here, I admit I've submitted my rent late a few times, but I've always told them ahead of time and submitted the whole rent, with the late fee, via a certified check. Sure, that was my problem, but it was because of something that couldn't be helped. I've never been later than their late period "grace period." I find it suddenly curious that this note appeared on my door today. Of course, I could just be a little paranoid or thinking they're out to get me, but I'd like to have a little faith in my fellow man/company.

Methinks that it might be time to come across myself as a bit more forceful. I'm trying to find a way to tell them to back off or somehow all the residents will find out about these OTARD rules.

_________________________________________________

Last-minute update: Lisa just shot me back another Email asking if I had the copy of my complex's DISH Network exclusive agreement. I do not, nor do I think I'd be able to get that. Instead, I can get only what they describe as a sign-up form for DISH service. Also, Lisa reminded me that the OTARD rules are on a case-by-case basis, and that the complex would be in violation if a resident could not get similar programming from DISH that they would get from DirecTV had they subscribed to the latter. This, of course, I already knew, but she re-emphasized it.

Edited by Lord Vader, 02 May 2011 - 03:28 PM.
Edited to add last-minute comment from Lisa McCabe

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.


#106 OFFLINE   spartanstew

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Posted 02 May 2011 - 03:28 PM

Methinks that it might be time to come across myself as a bit more forceful. I'm trying to find a way to tell them to back off or somehow all the residents will find out about these OTARD rules.


No matter how it comes down, I'd make sure all the residents knew the rules.

I'm sure Directv can't wait to get their hands on your unit.

 
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#107 OFFLINE   Laxguy

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Posted 02 May 2011 - 03:42 PM

That document in and of itself does not apply to DBS providers. It says so right in it.

Does anyone know if the FCC later expanded the order to include them? One would hope so.

Keith


Just where does it specify that, Keith?

I grant you there's enough vagueness in the whole document that it's a lawyer's field day, but as I read the Order, it referred to the generality of MVPDs- providers in general, and MDU's, multiple dwellings. In the Order itself, it applies to all providers.

They—the Commisioners— went on the exclude jails and rooming houses, and oh, hotels and such.
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#108 OFFLINE   Laxguy

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Posted 02 May 2011 - 03:44 PM

No matter how it comes down, I'd make sure all the residents knew the rules.


That would pretty much guarantee there'd be a bigger target on his back- the 'troublesome' tenant tag would grow exponentially. But it'd be a courageous thing to do.

Can you get a receipt when you pay? I sure would.
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#109 OFFLINE   Scott Kocourek

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Posted 02 May 2011 - 03:55 PM

Yeah, start by making sure you are not late on your rent. There is no reason to go through all the trouble to keep a dish if they are going to boot you anyway.

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#110 OFFLINE   Mark Holtz

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Posted 02 May 2011 - 04:45 PM

BTW, just as an aside, and perhaps a "coincidence," but today on my door when I got home was a general note (meaning one that was copied and possibly distributed to all residents) that dealt with late rent payments and how the complex had been "VERY" (emphasis original) lenient in accepting late rent payments (which always carried a $100 late fee). Now, "pursuant to the owner's direction," they have decided to not be so lenient, and if someone was even a day late, they were going to immediately turn over the case to their attorneys, begin the eviction process, and assess the $545.00 attorney's fees, and more.

Stupid question, but are you in a rent-control area? To me, these sound like techniques to get old tenants out to get higher paying tenants in. I think something bigger is going on here besides the Dish exclusivity.
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#111 OFFLINE   spartanstew

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Posted 02 May 2011 - 04:51 PM

That would pretty much guarantee there'd be a bigger target on his back- the 'troublesome' tenant tag would grow exponentially. But it'd be a courageous thing to do.


You could always do it with stealth, if needed.

I'm sure Directv can't wait to get their hands on your unit.

 
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#112 OFFLINE   trh

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Posted 02 May 2011 - 04:55 PM

Just where does it specify that, Keith?

I grant you there's enough vagueness in the whole document that it's a lawyer's field day, but as I read the Order, it referred to the generality of MVPDs- providers in general, and MDU's, multiple dwellings. In the Order itself, it applies to all providers.

They—the Commisioners— went on the exclude jails and rooming houses, and oh, hotels and such.

I think he is talking about the end of paragraph 1 and parts of paragraph 2 on the top of the second page of the link.

2. The record in this proceeding does not contain much information regarding the use of exclusivity clauses by providers of Direct Broadcast Satellite (“DBS”) or other MVPDs that are not cable operators subject to Section 628 of the Act.6



#113 OFFLINE   trh

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Posted 02 May 2011 - 05:05 PM

Lisa gave me the number of an FCC contact with whom to deal on this.


You might want to give that number to your local property manager and suggest they call the FCC. In my dealings with the FCC, they have been extremely helpful and encouraged both sides to talk with them so a petition could be avoided. My point of contact talked a couple of times with my HOA manager before he sent a letter to the HOA telling them they were violating the OTARD and they had to change their policies 'or else'.

#114 OFFLINE   oldengineer

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Posted 02 May 2011 - 05:26 PM

How are they going to do the latter?? On what basis?

Or are you totally T.I.C.?


The latter :)

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#115 OFFLINE   The Merg

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Posted 02 May 2011 - 05:35 PM

BTW, just as an aside, and perhaps a "coincidence," but today on my door when I got home was a general note (meaning one that was copied and possibly distributed to all residents) that dealt with late rent payments and how the complex had been "VERY" (emphasis original) lenient in accepting late rent payments (which always carried a $100 late fee). Now, "pursuant to the owner's direction," they have decided to not be so lenient, and if someone was even a day late, they were going to immediately turn over the case to their attorneys, begin the eviction process, and assess the $545.00 attorney's fees, and more.

Now, in the 12.5 years of living here, I admit I've submitted my rent late a few times, but I've always told them ahead of time and submitted the whole rent, with the late fee, via a certified check. Sure, that was my problem, but it was because of something that couldn't be helped. I've never been later than their late period "grace period." I find it suddenly curious that this note appeared on my door today. Of course, I could just be a little paranoid or thinking they're out to get me, but I'd like to have a little faith in my fellow man/company.


In VA, there are two types of evictions. You have the 30-day eviction in which the tenant is given 30 days notice and needs to be moved out at the end of that term. If they do not move out, the Sheriff's office will come and evict the the resident. This is used to get rid of the tenant that you don't want anymore. If the tenant is under lease, the landlord needs to show that their was a breach of the lease. The tenant can respond by taking the landlord into court to try to prevent the eviction.

There is also the 5-day pay or quit eviction. This is generally used for those that are repeatedly late paying their rent and have an outstanding balance. Basically, it tells the tenant that they have 5 days to pay their balance in full or they will be evicted. If the tenant pays the balance the eviction is automatically called off.

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#116 OFFLINE   Richierich

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Posted 02 May 2011 - 06:17 PM

Well, I would make certain that you make your lease payments on time or they will nail you!!!:D
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#117 OFFLINE   NR4P

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Posted 02 May 2011 - 06:32 PM

I keep checking in here every day, I feel for you. Hope you nail them.

#118 OFFLINE   Laxguy

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Posted 02 May 2011 - 08:04 PM

I think he is talking about the end of paragraph 1 and parts of paragraph 2 on the top of the second page of the link.


But that's just the discussion. The meat is in the Order itself, back almost to the very end of the document.
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#119 OFFLINE   Drucifer

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Posted 02 May 2011 - 08:29 PM

It's a buyers market. Good time to buy your own home.
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#120 OFFLINE   trh

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Posted 02 May 2011 - 09:06 PM

But that's just the discussion. The meat is in the Order itself, back almost to the very end of the document.


You mean the part in this statement from Chairman Martin (page 49)

Thus, we prohibit the enforcement of existing exclusivity clauses and the execution of new ones by cable operators.


Or this one by Commissioner McDowell

In our Order, the Commission finds that contractual agreements granting cable operators exclusive access to MDUs is harmful to competition. Accordingly, our Order prohibits the enforcement of existing exclusivity clauses, and the execution of new ones, as an unfair method of competition.

I agree with Keith, this order doesn't pertain to the exclusive contract LV's complex has with Dish. But OTARD already covers LV's case and allows LV to subscribe to whatever service he wants.




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