The saga continues… Philadelphia ‘dish’ law

Just found another article from The Consumerist about the continuing clash of Philadelphia city government vs FCC OTARD laws and satellite dish providers. These situations are never easy to resolve.While, in many instances, dishes must be placed in inconvenient or ugly locations to be able to get reception the subscriber ultimately determines how much they’re willing to spend to keep their dishes from view.

To read the article click here


Phildelphia passes new satellite dish law – it WILL be challenged

The City of Philadelphia passed a new law that will require owners to remove inactive satellite dishes, lower dish installation below roof lines or paint dishes to match the building. It will surely be challenged in court. I’ll keep you posted.

Read the article & hear the mayor here.

Condo residents rights vs HOA residents – permitted dish location

Richard White, Condo Living‘s columnist answered a question about installing a satellite dish on a common area of a condo vs an HOA. In this case a resident asked if they could put a satellite dish on a common area off of his unit (they couldn’t receive a signal from their balcony)

To summarize:
“While the Telecommunications Act of 1996 requires homeowner associations to allow dishes, it does not place the same requirement on condominiums. The condominium statutes do not allow any owner to exclusively use the common areas. For this primary reason, the Telecommunications Act cannot be applied to condominiums.”

He continues…

“In addition, the statutes do not allow the board of directors to alter common areas without members’ approval. Allowing a dish to be placed on common property would alter the area. These two restrictions would not allow any condominium owner to place a dish on common property.

The only place that a dish could possibly be installed would be within the interior boundary of the balcony. If your neighbor has a dish on common area, the board must require its removal.

The only place a dish can be installed would be within the interior of the balcony. Unfortunately, this will exclude about half of the units because only half would face the satellite signal.”

To read the entire article click here.

When due process fails – Tearing down dishes in Iran

Very sad story this AM. Iran’s security forces are on a campaign to tear down all satellite dishes in their efforts to remain in control of all video content to their citizens. Police are able to enter buildings without warrants or any sort of due process. They claim they don’t need any because all satellite dishes are illegal. Read story here.

Let’s be thankful that despite any satellite dish regulations in your communities that may be considered contentious by residents or boards we are blessed with a constitution that guarantees a free speech & press and democratic processes that allows us to resolve the issues fairly among ourselves.

COA/HOA access rights to allow competing providers & use existing wiring – legal article

In this Broadband Communities magazine article (Building Access as a hidden asset ), Carl Kandutsch, former FCC lawyer, “summarizes recent litigation concerning two issues that frequently arise in disputes over a provider’s right to access private property for the purpose of serving MDU residents: the statutory right in most states of a condominium owners association to unilaterally terminate an unexpired bulk service agreement entered into by the condominium developer and an MDU owner’s right to allow a competing provider to access and utilize existing inside wiring installed by the incumbent provider.”

From the article:” opportunities abound for homeowners associations and MDU owners to leverage existing assets and unlock new value vis-à-vis broadband services providers. As the cases discussed in this article suggest, such opportunities may arise from an informed use of existing statutes or regulations or from the recognition that existing assets, such as in-building wiring, have value that is not being realized.

In the current economic downturn, owners associations, property managers
and owners can benefit by educating themselves about opportunities that
may lie right beneath their noses.”

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