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DeanJ
Posts: 1,786
Posted:
Does anyone have FCC rulings concerning HOAs requiring unused dishes to be removed?
TimB4 (Tennessee)
Posts: 21,059
Posted:
The FCC Over-the-Air Reception Devices Rule is silent about removal of unused devices.

Because the rule is silent, there would be no conflict with an Association requiring the removal of unused devices.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By TimB4 on 12/17/2023 12:17 AM
You should also check out the following earlier thread on the topic:

Subject: ASK THE EXPERT: Satellite dish placement in HOAs and condos a thread started by HOATalk.

Please don't reactivate the thread.
Use the resources in it and contact the company in the thread directly if desired.
CathyA3 (Ohio)
Posts: 6,299
Posted:
We worked with our attorney when drafting a policy about satellite dishes. (Warning: we're condos, so any satellite dish will be installed on common elements and subject to association regulations. If you're in a single family home HOA where satellite dishes will be installed on private property, the HOA has less authority to regulate.)

As Tim said, federal regulations are silent on removal. Our community policy includes no installation on roofs or the sides of the buildings. Acceptable spots can include decks and mulched beds around the buildings. The association can and will make owners remove dishes that are installed in unacceptable places. If the owner fails to remove the dish after three notices, the association will remove the dish at the owner's expense.

The board has to keep up with this. An unused satellite dish can mean that the owner has moved, and the new owner may be completely unaware of the issue. It seems unfair to force a new owner to correct an issue that they were unaware of. Our attorney said that legally a new owner is responsible for being aware of such things and that the association is within its rights to pass on correction costs to the new owner. But that never sat right with me as a board member. I think that the negative consequences of taking a hard line on this can be worse than the benefits of passing costs to the new owner. Fortunately we never had to do anything like this while I was on the board.
DeanJ
Posts: 1,786
Posted:
FCC says for over-the-air reception devices (OTARD) protect the rights of property owners or tenants to install, maintain or use an antenna to receive video programming from direct broadcast satellites, broadband radio services, and television broadcast stations in areas within the owner’s or tenant’s exclusive use.

It appears the owner may at there option may install, maintain or use and there may be a case where the FCC prohibited Philadelphia from requiring owners remove unused dishes.

TimB4 (Tennessee)
Posts: 21,059
Posted:
In a different thread, Dean asked about an FCC ruling on Philadelphia, PA requiring the removal of satellite dishes.

That ruling dealt with a Philadelphia ordinance that was banning dishes within the city from being visable and was requiring the removal of any dish that was in violation of this city ordinance.

I do not think it would not be applicable to Dean's initial question in this thread.

See:

Federal Communications Commission DA 18-393

Satellite companies fighting Philadelphia law to move dishes off front of buildings

FCC Overrules Philadelphia’s Dish Blight Ordinance

The last link says, in part:

The FCC ruled that Philadelphia’s ordinance banning street-facing satellites infringes on individual rights. Other cities and states have or are considering dish blight ordinances.

LetA (Nevada)
Posts: 2,679
Posted:
How does an HOA know if it is used or unused? Typically dish companies will not remove a dish because it can be reused for
if a future customer wants service and it saves the house from having multiple holes drilled in it. The last part is the most important.
HOA's need to stay out of homeowners private affairs, that includes satellite dishes.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By LetA on 12/17/2023 12:41 PM
How does an HOA know if it is used or unused? Typically dish companies will not remove a dish because it can be reused for
if a future customer wants service and it saves the house from having multiple holes drilled in it. The last part is the most important.
HOA's need to stay out of homeowners private affairs, that includes satellite dishes.

Leta raises a good point in that it saves a house from having multiple holes drilled in it. I am on cable, but I still have a DishTV dish on my roof from some 6 years ago.
DeanJ
Posts: 1,786
Posted:
If you remove the dish and the pole and leave the roof bracket what holes are you concerned about? Dishes look like crap.
CathyA3 (Ohio)
Posts: 6,299
Posted:
I agree that satellite dishes are ugly. Fortunately in many areas there are a number of other options for getting TV signals, and I believe that the Telecommunications Act is due for an update. In my area we have cable, fiops, and 5G home internet via the big mobile phone companies.

Condo communities have more ability to regulate dishes because all of the exterior is common elements. I vaguely remember a discussion in the last few years about regulating satellite dishes in historical districts. The federal law is still the law, but communities can regulate where the dishes can be placed as long as they don't prevent people from receiving a signal altogether. In other words, HOAs don't have to allow installation in an owner's preferred location, only in a location that can receive the signal.

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