I just got Direct TV installed now Im having issues with landlord?

Question

I am checking out the fcc regulation and it says that the landlord can not remove the satelite from my balcony which of course is not even connected to anything on the balcony; as my landlord has already stated to me that she will have the maintenance guy come and remove from the premises. I get that she will be fined about $150,000 for taking this property from me but I am wondering though that if I am able to keep this satelite and if it does not state so in my lease, can she legally charge me a fee for having the satelite everyday that it is there, like a fine for keeping it? 

I live in an apartment complex building where it stated on my lease that I can not have the satelite period even if it is on the balcony. 

But according to this FCC regulation, I can since I am paying for the balcony and it is not in a common area of the apartment such as the hallway. The problem is that the size of the satelite I will have to check on to see if it exceeds the size for the regulation; it only covers one meter in diameter and I will check with my Direct TV guy today on that. Also, and if you want to know if there was any drilling done, no...because apparently, the drilled holes were already put into the apartment before I got here. I have lived in these apartments for over three years now and just now getting a satelite dish so I never even noticed the holes till now because I never had a reason to. I was glad about that issue at least.

All I know is that is it ok for the landlord to charge me per day to having the dish on my balcony? It never really was installed as it sits on a base that can be moved around on my balcony and not connected to anything. Can anyone help me with this? Thanks.

Eddie Fernandez · Accepted Answer

She cant do any thing about it i work for DirecTV as a installer there is something called (otard) law it is from the fcc it says no one in the us can tell you what to have for a service provider if she bugs you again or even touches your dish call the fcc right away and she will will will be fined up to 45,000

Dollars the reason being in apartment complex’s they do something call buy out its where cox or a tv provider say we will install all cable and tv eqt but you provide only ower service to your tenants, this  is illegal but not if you say we strongly suggest you to go with this company or something like that I am guessing the installer set it up on a tripod or something no penetrating if that’s the case you are all good

Anonymous · Answer

Directv Installation Problems

Jerry · Answer

You are correct.  The Federal Communications Commission prohibits covenants and rules that restrict satellite dishes.

The rules currently in effect prohibit restrictions that impair the installation, maintenance or use of small antennas used to receive video programming. These antennas include DBS satellite dishes that are less than one meter (39") in diameter (larger in Alaska), TV antennas, and antennas used to receive MMDS .(multichannel multipoint distribution -- or wireless cable). The rules prohibit non-safety 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.

The rules apply to state or local laws or regulations, including zoning, land-use or building regulations, private covenants, homeowners' association rules or similar restrictions on property

The FCC rules presently apply only with respect to property over which the owner has exclusive use or possession.

...
FCC rules: Under the OTARD (Over-the-Air-Reception Devices) 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, town homes, 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. 

The FCC has a procedure in place to file a Filing a Petition about an Antenna Restriction
See: http://www.fcc.gov/cgb/consumerfacts/consumerdish.html 

Here is a complete explanation of your rights. http://www.fcc.gov/Bureaus/Cable/News_Releases/1998/nrcb8023.html

Good luck  You should win if you pursue it.

Tim · Answer

You are Right that the LandLord cannot collect Property. They cannot even enter your premises in most states with out notice of time and everything. I would draft a Cease and Desist letter. I would mention that they are in violation of federal regulations and put in the OTARD rule in it as well. Use the Document number. Send this by mail. You may also request to see a judge and bring the OTARD ruling with you after they take satellite dish. I would also press charges for theft by unlawful taking.

Anonymous · Answer

You have done a lot of research after the fact because your landlord is not happy. You better check out your lease now that the satellite is up. If the lease says the size and yours is bigger, you lose.
Why didn't you read the lease before you had it installed?

I just got Direct TV installed now Im having issues with landlord?

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