DirecTV signal vs FCC & Condo Assn. rules

Reston, Virginia:

We live in a condominium and wanted to try satellite service. This due to unacceptable cable reception and customer service. It turns out that our unit's balcony is not facing the proper direction for reception of service.
Instead, we asked the installer to attempt getting a signal from inside the front of our unit through a bedroom window.
That wouldn't work either, so the installer suggested placing the dish on the front of our unit in a planter box which is connected to the exterior of our unit (which he did). About a week later we received a letter from the Condo Association that the dish was improperly installed and it must be removed!
After reading the condo association rules regarding satellite dish placement, we contacted the FCC. Apparently both the FCC and the condo association agree that dish placement is limited to the balcony or inside the unit.

Q.What legal rights do we have if the only place to get an acceptable signal happens to be outside the front window?

1) Can it be argued that the planter box is considered "exclusive use" just as the balcony is considered
by the FCC?

2) Can we petition the condo association to make distributed satellite service available?(Cable service has been available for 25 years to this development and the signal gets worse every year)

3) Can anything be done with regard to the fact that cable is already pre-wired to the units, but since Satellite is not, there may be an unfair monopoly? (There are about 400-450 units in the development and only a small number of them is likely to be capable of receiving satellite service based on current rules.

4) Can it be argued that Cable and antennna installations do not provide "reception of an acceptable quality signal"? (FCC rule 47 C.F.R. Section 1.4000)

5) Can we do anything to hold onto our DirecTV service?
The video reception and audio quality can't be matched by the local cable industry - even their "Digital Cable" can't compete. We've had 3 different engineers from the local cable company come by to try and improve the reception but all they can say is "we're working on it" or "try satellite"
(One of the engineers for the local cable service admitted he prefers his own DirecTV satellite connection to cable!)


Thanks,

[JETX]

First, I would like to compliment you on your post. It is an 'easy read', understandable, and it shows that you have at least made a good-faith effort to help yourself first (this is something that a LOT of the other people here don't do).

However, since you have cited the FCC in your post, it is obvious that you are aware of the FCC ruling regarding condo access to satellite reception and what you can, and can't do. And if the FCC does not specifically provide you an advantage, you are left solely to the written condominium rules and by-laws. Have you read them and what they say regarding your specific satellite questions?

If both the FCC and the condo by-laws restrict your satellite capability, I believe that you are effectively stopped without some probable expensive litigation. And even that has no assurance of successful ruling.

In answer to your questions:
Q1. What legal rights do we have if the only place to get an acceptable signal happens to be outside the front window?
A2. Basically you need to be in compliance with your local condominium rules and local laws. The FCC ruling does allow you specific legal rights if those laws are in violation of FCC rules. If you are in violation, and the FCC 'exceptions' don't apply, you have no 'extra additional legal rights'.

Q2) Can it be argued that the planter box is considered "exclusive use" just as the balcony is considered by the FCC?
A2) Certainly this would be a good argument. Whether it would stand is purely up to the condo board and, if needed, to challenge their rulings in court.

Q3) Can we petition the condo association to make distributed satellite service available?
A3) If your condo by-laws provide for petitioning, that is certainly within your rights.

Q4) Can anything be done with regard to the fact that cable is already pre-wired to the units, but since Satellite is not, there may be an unfair monopoly?
A4) Probably not. And if this were an arguable case, it would have to be brought by the 'aggrieved party', being the satellite company. I doubt if you would have legal standing to take this action.

Q5) Can it be argued that Cable and antennna installations do not provide "reception of an acceptable quality signal"? (FCC rule 47 C.F.R. Section 1.4000)
A5) Certainly, if you can support this argument with your board and they agree, then this would be a valid way to enable your satellite usage. I would suggest getting a petition signed by the cable users in your condo.

Q6)Can we do anything to hold onto our DirecTV service?
A6) I don't understand why you would want to 'hold onto' service that cannot be used, but yes, you just have to pay them each month and they will keep you subscribed whether you actually watch or not.

[HomeGuru]

I agree with Steve who did a fine job of responding to the post.
I amy add that with respect to the balcony exclusive use issue, the State Condominium law and the condo legal documents define certain areas of the buildings and grounds. These areas may or may not be defined in the same way as FCC. According to the general condo law and AOAO definitions, the balcony would most likely be considered a limited common element (exclusive use for the condo owner) and the front window a common element (AOAO use).
The ultimate criteria though in most cases, is whether the dish is unsightly. That is the main reason that condo buildings have the rules to restrict the locations of the dishes. Can you imagine how the project would look with 450 dishes placed all over the building in different areas? Uniformity and asthetics take priority over reception.