Posted by TenantNet on January 16, 1999 at 06:02:03:
In Reply to: Re: Eviction being used as retaliatory tactic by landlord posted by DK on January 15, 1999 at 18:49:41:
: I recall that the Federal Communications Commission recently adopted a regulation regarding restrictions on the installation of satellite dishes. I remember that the regulation pre-empted local zoning regulations, but I do not recall whether the regulation prevents landlords from allowing the installations, although I think it does. You might check the FCC website, www.fcc.gov or telephone them.
Here's the article:
FCC: Renters Can Add TV Antennas
NY Times, November 21, 1998
By The Associated Press
WASHINGTON (AP) -- Renters will be permitted to install small satellite dishes or other TV antennas on balconies, patios or gardens that aren't shared with other tenants.
The Federal Communications Commission on Friday adopted rules that will bring this about and will help renters take advantage of a range of ways to get TV service just as homeowners can.
The rules, which should take effect in about two months, cover rental properties such as apartments and single family homes but not ``common areas'' such as apartment building lobbies or roofs.
``The commission has thus eliminated the have-and-have-not distinction that gave homeowners access to the competitive video market, but denied it to all apartment dwellers,'' FCC Chairman Bill Kennard said in a statement.
The FCC already has similar rules for people who live in condominiums, co-ops and mobile homes.
When in effect, the renters' rules will supersede any existing leasing agreements that restrict tenants from installing dishes or other TV antennas, FCC officials said.
But FCC Commissioner Harold Furchtgott-Roth contended the rules will tread on property owners' constitutional rights.
``We cannot prescribe general federalized lease terms (although I fear that may be the logical implication of this decision) and the very nature of contracts is that their terms can be customized to suit the particular circumstances in which the parties find themselves,'' Furchtgott-Roth said in a written dissent to that portion of the order.
Associations representing apartment owners, home builders and real estate managers had argued against the FCC giving renters the right to install TV antennas, citing the same constitutional concerns.
The rules also will permit people to install these devices inside their rented homes or apartments as long as they don't drill into walls or do any other damage to the property, FCC officials said.
That part of the FCC's order anticipates a time when technology advances allow satellite dishes, wireless antennas and other receiving devices to pick up TV signals indoors. At least one new wireless antenna can do that, the FCC said.
Roughly 10 million people in the United States get their TV via satellite. Most of them -- 8 million -- pick up these signals on small, pizza-sized dishes.
Consumer groups, satellite TV companies, broadcasters and consumer electronics makers were among the groups asking the FCC to give renters the right to install TV antennas.
The FCC's action responds to a 1996 telecommunications law that gave the commission the authority to enact regulations that would end restrictions impairing a viewer's ability to receive TV programming via various technologies.
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