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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

#121 OFFLINE   Laxguy

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Posted 02 May 2011 - 10:40 PM

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


Or this one by Commissioner McDowell

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.


No, neither. I refer to the Order itself, not comments by Commissioners nor staff discussions.

If I were a lawyer in the field of FCC decisions, I'd point to other sections in addition to the Order to bolster the case that this very much is in LV's favor.
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#122 OFFLINE   Laxguy

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Posted 02 May 2011 - 10:49 PM

Here's the wording of the Order. Admittedly I don't know what 47 U.S.C. § 548 does or doesn't do. Bold is my emphasis.

APPENDIX D
Final Rule


Subpart X – Access to Multiple Dwelling Units and Centrally Managed Real Estate Developments

47 C.F.R. § 76.2000. Exclusive Access to Multiple Dwelling Units Generally
(a) Prohibition. No cable operator or other provider of MVPD service subject to 47 U.S.C. § 548 shall enforce or execute any provision in a contract that grants to it the exclusive right to provide any video programming service (alone or in combination with other services) to a MDU. All such exclusivity clauses are null and void.

(B) Definition. For purposes of this rule, MDU shall include a multiple dwelling unit building (such as an apartment building, condominium building or cooperative) and any other centrally managed residential real estate development (such as a gated community, mobile home park, or garden apartment); provided however, that MDU shall not include time share units, academic campuses and dormitories, military bases, hotels, rooming houses, prisons, jails, halfway houses, hospitals, nursing homes or other assisted living facilities.”
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#123 OFFLINE   Lord Vader

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Posted 02 May 2011 - 11:48 PM

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.


No, it's not a rent control area at all. This complex's occupancy rate has always hovered around 96%. Right now, all 440 units are occupied. Demand is very high at the present time. If I left, my unit would be rented within a week.

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.


#124 OFFLINE   carl6

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Posted 03 May 2011 - 12:10 AM

Here's the wording of the Order. Admittedly I don't know what 47 U.S.C. § 548 does or doesn't do. Bold is my emphasis.

548 (B):
"It shall be unlawful for a cable operator, a satellite cable programming vendor in which a cable operator has an attributable interest, or a satellite broadcast programming vendor to engage in unfair methods of competition or unfair or deceptive acts or practices, the purpose or effect of which is to hinder significantly or to prevent any multichannel video programming distributor from providing satellite cable programming or satellite broadcast programming to subscribers or consumers."

Pretty clear cut definition.

#125 OFFLINE   Laxguy

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Posted 03 May 2011 - 09:10 AM

Thanks, Carl6. While there'll always be arguments for another interpretation, it seems like it's clear to this layman.
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#126 OFFLINE   Doug Brott

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Posted 03 May 2011 - 09:25 AM

It basically means you can't tell a tenant "no" just because you want to and you REALLY can't tell them "no" because the "exclusive" operator doesn't want the tenant NOT participating.

That being said, there are a lot of restrictive conditions .. Gotta be south facing for DIRECTV. Need a private use area for the dish, etc. etc. etc. So it's not a slam dunk for getting DIRECTV in an apartment.
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#127 OFFLINE   Avder

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Posted 05 May 2011 - 02:01 AM

Any word lately?

#128 OFFLINE   Lord Vader

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Posted 05 May 2011 - 07:32 AM

All's quiet on the (mid)western front.

Imperial troops are on standby pending management's actions.

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.


#129 OFFLINE   Herdfan

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Posted 05 May 2011 - 02:18 PM

I wonder if someone higher up who knew the rules, or at least could read, decided this was not a fight they could win.

#130 OFFLINE   Lord Vader

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Posted 05 May 2011 - 03:26 PM

We shall see.

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.


#131 OFFLINE   inkahauts

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Posted 05 May 2011 - 09:40 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.


Man, they would never get away with that eviction concept in California.. Never...

#132 OFFLINE   joe diamond

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Posted 05 May 2011 - 09:52 PM

All's quiet on the (mid)western front.

Imperial troops are on standby pending management's actions.


Remember the words of George Patton:

The whole point of war is not to look confused and mumble apologies
in the face of your attackers....The point of war is to make the other poor
sonofabitch mumble apologies in your presence...while being confused.

Or something like that,

Joe

#133 OFFLINE   Carl Spock

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Posted 05 May 2011 - 10:08 PM

All's quiet on the (mid)western front.

Their response will be either raise or fold. It's hard to see how a call bet could happen.

It's either a letter from their lawyer or "OK, we'll let you, and just you, Vader, get away with this. Don't tell anyone, would ya?"
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#134 OFFLINE   Lord Vader

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Posted 05 May 2011 - 10:11 PM

That's kind of what they told me a couple years ago, two property managers ago.

And their explanation to incoming, new renters when they see my big, ole dish on my balcony? "That resident is grandfathered, which is why he gets to have a dish. New residents aren't allowed to have one."

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.


#135 OFFLINE   Wisegoat

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Posted 06 May 2011 - 02:28 PM

Remember the words of George Patton:

The whole point of war is not to look confused and mumble apologies
in the face of your attackers....The point of war is to make the other poor
sonofabitch mumble apologies in your presence...while being confused.

Or something like that,

Joe


The whole point of War is not to die for your country. It is to make the other dumb ******* die for his.

#136 OFFLINE   P Smith

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Posted 06 May 2011 - 03:51 PM

The whole point of War is not to die for your country. It is to make the other dumb ******* die for his.


OK, OK, we got it - lets return to LV's 'battle'.

#137 OFFLINE   Lord Vader

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Posted 06 May 2011 - 03:58 PM

Another day of silence.

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.


#138 OFFLINE   jdspencer

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Posted 06 May 2011 - 04:02 PM

No news is good news? :)
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#139 OFFLINE   Lord Vader

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Posted 06 May 2011 - 04:03 PM

Not sure here, but I just keep going along my evil ways. :)

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.


#140 OFFLINE   joe diamond

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Posted 06 May 2011 - 05:31 PM

OK, OK, we got it - lets return to LV's 'battle'.


Sorry,
But you gotta wonder how things would be different if The Duke were leading this posse. Patton would have run a tank through the place and left. The Duke would have just dragged the manager into the street and kicked his ass.

Ok. So back to writing letters and asking permission.

Who loves ya, baby?

Joe




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