“July 25 – So, I recently moved and have had one hell of a time with DISH Network. Apparently my new apartment building has an “exclusive contract” with ATT. So I call up those guys to get some TV in my new apt. ATT tells me to call DISH directly (their partner) and I oblige because ATT doesn’t deal with apartment complexes. I get on the phone to DISH with a guy (I think his name was Sam) who happily placed my order, until he asked me what floor I live on and I told him third. Sam proceeded to tell me that because of insurance reasons their DISH installers will not install on third floor or higher. I was a little baffled by this and Sam told me to goto a DISH reseller, like Radio Shack.
So I, still shocked, goto Radio Shack and they tell me they don’t do installs and gave me the card of some scummy a/v installer. So I go to sleep and decide to deal with it later.
The following day I received an extremely helpful call from Duke, who is a DISH guy at the Austin service center who basically told me that Sam was full of shit and DISH installers can do floors above the second…”
…Terrific, right? Well, kind of. I got everything setup with Duke (damn, that is an awesome name) to only have him tell me that the earliest time to get it installed is August 10. Are you freaking kidding me? I have to wait two and a half weeks to get television besides ABC, which is the only channel I receive over the air.
I accepted the August 10 date because well, there are no other options, but I’m still pissy that I had to jump through a bunch of hoops to get this worked out.
August 14
I was told to be home from 12-5 on the install day, this past Friday, and the DISH guy showed at 6:30 (of course) to tell me that he wouldn’t do it because of the trees outside of my balcony (even though there are some clear shots of the sky around the trees. And DISH charged me all of the installation fees, even though it didn’t get done (they supposedly will be refunded within 5-10 business days).
At that point I called my landlord who told me that the coax lines in the apt are functional and to call AT&T back. She also gave me the option to move out (even though I just moved in a few weeks ago).
I call AT&T and am told that their digital cable package, U-Verse, isn’t offered for my complex. Call the landlord back, who yet again doesn’t know a damn thing about the cable system she manages and she continued to hint that I could move out.
I finally found the right division, which is “AT&T Home Entertainment”, who apparently has giant DirecTV dishes on the roof of the complex that feeds the coax lines through all of the apartments. ( http://www.attheonline.com)
The website said that they offer an “analog programming package” with no satellite set-top box required. So I go buy a TiVo over the weekend so I can get that ready for the basic analog package. Then I call AT&T HE yesterday to place the order and I find out that that package is no longer available and I HAVE to get a programming package with a satellite set-top box, therefore deeming my new TiVo worthless.
Also what pissed me off is the fact that they don’t have an HD DVR box for this ghetto DirecTV setup. You can either get an HD box, a DVR box, or both (but no HD recording), or none. So the AT&T HE guy is installing everything today, and I’ll have to take back the TiVo this week (which is a heart breaker, I’ve become a TiVo junkie just over the weekend of watching over-the-air programming).
It’s still just ghetto how this entire building partnership works. Why can’t the damn coax lines work with Time Warner or Comcast like the rest of this giant ass city. I’m not too fond of all of these satellite shenanigans. It just makes me wonder how much AT&T is paying Post Properties (which has buildings in multiple states) to exclusively have AT&T, even though their properties are surrounded in trees.
I would consider moving if I hadn’t already moved twice within the past 2 months. I guess I never knew how good I had it with Cox back in Kansas.
- Travis H.
Dallas, Texas
Wow Travis, that really sucks. Here’s an idea: dump all the equipment and get everything refunded, buy a Slingbox, and convince/pay a friend with cable to let you hook it up to his system. His customer service can’t be any worse than what you’ve already experienced and if you fall behind on your bills you can make it up in beers.
(Photo: Leila Carioca)
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@acambras:
I’m referring to FCC regulations which override virtually all state & local ordinances.
They also override virtually all condo & other association rules.
See this site [www.fcc.gov] for details.
Examples are:
Q: What types of restrictions are prohibited?
A: The rule prohibits restrictions that impair a person’s ability to install, maintain, or use an antenna covered by the rule. The rule applies to state or local laws or regulations, including zoning, land-use or building regulations, private covenants, homeowners’ association rules, condominium or cooperative association restrictions, lease restrictions, or similar restrictions on property within the exclusive use or control of the antenna user where the user has an ownership or leasehold interest in the property. A restriction impairs if it: (1) unreasonably delays or prevents use of; (2) unreasonably increases the cost of; or (3) precludes a person from receiving or transmitting an acceptable quality signal from an antenna covered under the rule. The rule does not prohibit legitimate safety restrictions or restrictions designed to preserve designated or eligible historic or prehistoric properties, provided the restriction is no more burdensome than necessary to accomplish the safety or preservation purpose.
Q: What types of restrictions unreasonably delay or prevent viewers from using an antenna? Can an antenna user be required to obtain prior approval before installing his antenna?
A: A local restriction that prohibits all antennas would prevent viewers from receiving signals, and is prohibited by the Commission’s rule. Procedural requirements can also unreasonably delay installation, maintenance or use of an antenna covered by this rule. For example, local regulations that require a person to obtain a permit or approval prior to installation create unreasonable delay and are generally prohibited.
Q: Are all restrictions prohibited?
A: No. Clearly-defined, legitimate safety restrictions are permitted even if they impair installation, maintenance or use provided they are necessary to protect public safety and are no more burdensome than necessary to ensure safety. Examples of valid safety restrictions include fire codes preventing people from installing antennas on fire escapes; restrictions requiring that a person not place an antenna within a certain distance from a power line; and installation requirements that describe the proper method to secure an antenna. The safety reason for the restriction must be written in the text, preamble or legislative history of the restriction, or in a document that is readily available to antenna users, so that a person who wishes to install an antenna knows what restrictions apply. Safety restrictions cannot discriminate between objects that are comparable in size and weight and pose the same or a similar safety risk as the antenna that is being restricted.
Restrictions necessary for historic preservation also may be permitted even if they impair installation, maintenance or use of the antenna. To qualify for this exemption, the property may be any prehistoric or historic district, site, building, structure or object included in, or eligible for inclusion on, the National Register of Historic Places. In addition, restrictions necessary for historic preservation must be no more burdensome than necessary to accomplish the historic preservation goal. They also must be imposed and enforced in a non-discriminatory manner, as compared to other modern structures that are comparable in size and weight and to which local regulation would normally apply.
Q: Whose antenna restrictions are prohibited?
A: The rule applies to restrictions imposed by local governments, including zoning, land-use or building regulations; by homeowner, townhome, condominium or cooperative association rules, including deed restrictions, covenants, by-laws and similar restrictions; and by manufactured housing (mobile home) park owners and landlords, including lease restrictions. The rule only applies to restrictions on property where the viewer has an ownership or leasehold interest and exclusive use or control.
Q: If I live in a condominium or an apartment building, does this rule apply to me?
A: The rule applies to antenna users who live in a multiple dwelling unit building, such as a condominium or apartment building, if the antenna user has an exclusive use area in which to install the antenna. “Exclusive use” means an area of the property that only you, and persons you permit, may enter and use to the exclusion of other residents. For example, your condominium or apartment may include a balcony, terrace, deck or patio that only you can use, and the rule applies to these areas. The rule does not apply to common areas, such as the roof, the hallways, the walkways or the exterior walls of a condominium or apartment building. Restrictions on antennas installed in these common areas are not covered by the Commission’s rule. For example, the rule would not apply to restrictions that prevent drilling through the exterior wall of a condominium or rental unit and thus restrictions may prohibit installation that requires such drilling.
Q: Does the rule apply to condominiums or apartment buildings if the antenna is installed so that it hangs over or protrudes beyond the balcony railing or patio wall?
A: No. The rule does not prohibit restrictions on antennas installed beyond the balcony or patio of a condominium or apartment unit if such installation is in, on, or over a common area. An antenna that extends out beyond the balcony or patio is usually considered to be in a common area that is not within the scope of the rule. Therefore, the rule does not apply to a condominium or rental apartment unit unless the antenna is installed wholly within the exclusive use area, such as the balcony or patio.
Q: Does the fact that management or the association has the right to enter these areas mean that the resident does not have exclusive use?
A: No. The fact that the building management or the association may enter an area for the purpose of inspection and/or repair does not mean that the resident does not have exclusive use of that area. Likewise, if the landlord or association regulates other uses of the exclusive use area (e.g., banning grills on balconies), that does not affect the viewer’s rights under the Commission’s rule. This rule permits persons to install antennas on property over which the person has either exclusive use or exclusive control. Note, too, that nothing in this rule changes the landlord’s or association’s right to regulate use of exclusive use areas for other purposes. For example, if the lease prohibits antennas and flags on balconies, only the prohibition of antennas is eliminated by this rule; flags would still be prohibited.
Q: Does the rule apply to residents of rental property?
A: Yes.
Q: If I live in a condominium, cooperative, or other type of residence where certain areas have been designated as “common,” do these rules apply to me?
A: The rules apply to residents of these types of buildings, but the rules do not permit you to install an antenna on a common area, such as a walkway, hallway, community garden, exterior wall or the roof. However, you may install the antenna wholly within a balcony, deck, patio, or other area where you have exclusive use.
Q: I live in a townhome community. Am I covered by the FCC rule?
A: Yes.
Q: I live in a mobile home that I own but it is located in a park where I rent the lot. Am I covered by the FCC rule?
A: Yes.
Q: I want to install an antenna to access the Internet. Does the rule apply to me?
A: Yes. Antennas designed to receive and/or transmit data services, including Internet access, are included in the rule.
Q: Does this mean that I can install an antenna that will be used for voice and data services even though it does not provide video transmissions?
A: Yes. The most recent amendment expands the rule and permits you to install an antenna that will be used to transmit and/or receive voice and data services, except as noted above. The rule will also continue to cover antennas used to receive video programming.
Q: Does the rule apply to commercial property or only residential property?
A: Nothing in the rule excludes antennas installed on commercial property. The rule applies to property used for commercial purposes in the same way it applies to residential property.
Q: What can a local government, association, or consumer do if there is a dispute over whether a particular restriction is valid?
A: Restrictions that impair installation, maintenance or use of the antennas covered by the rule are preempted (unenforceable) unless they are needed for safety or historic preservation and are no more burdensome than necessary to accomplish the articulated legitimate safety purpose or for preservation of a designated or eligible historic site or district.
Q: Who is responsible for showing that a restriction is enforceable?
A: When a conflict arises about whether a restriction is valid, the local government, community association, property owner, or management entity that is trying to enforce the restriction has the burden of proving that the restriction is valid. This means that no matter who questions the validity of the restriction, the burden will always be on the entity seeking to enforce the restriction to prove that the restriction is permitted under the rule or that it qualifies for a waiver.
Q: Who do I call if my town, community association or landlord is enforcing an invalid restriction?
A: Call the Federal Communications Commission at (888) CALLFCC (888-225-5322), which is a toll-free number, or 202-418-7096, which is not toll-free.
@Greasy Thumb Guzik:
Thanks, but it seems the apartment complex still prevails in my case:
Q: If I live in a condominium or an apartment building, does this rule apply to me?
A: The rule applies to antenna users who live in a multiple dwelling unit building, such as a condominium or apartment building, if the antenna user has an exclusive use area in which to install the antenna. “Exclusive use” means an area of the property that only you, and persons you permit, may enter and use to the exclusion of other residents. For example, your condominium or apartment may include a balcony, terrace, deck or patio that only you can use, and the rule applies to these areas. The rule does not apply to common areas, such as the roof, the hallways, the walkways or the exterior walls of a condominium or apartment building. Restrictions on antennas installed in these common areas are not covered by the Commission’s rule. For example, the rule would not apply to restrictions that prevent drilling through the exterior wall of a condominium or rental unit and thus restrictions may prohibit installation that requires such drilling.
Again, in my case, I can’t get a decent signal from my patio. To get a signal to my apartment, a dish would have to be put on the roof or in the common yard, which is NOT n area of exclusive use. As is plainly stated above, “Restrictions on antennas installed in these common areas are not covered by the Commission’s rule.”
They need to make a law that outlaws deals between television/communication providers and building owners. Things like this defeat any competition and sometimes force consumers to pay higher prices because they’re landlord won’t them install a satellite dish or cable. Luckily I have Directv, Dish, Cablevision, and Verizon (landlines) at my house so I was able to pick what’s best for me, DISH for TV, Cablevision for internet, and AT&T wireless for phone. By having a choice I save money every month and have my entertainment/communications work for me rather than the other way around.
I don’t blame the landlord for discouraging dishes. It probably doesn’t help move apartments when there are a bunch of ugly dishes bolted to the side of the building.
@beyond: Well for fans of satellite television, that might make me wanna move there if the building has dishes on it. Finding out the building doesn’t allow satellite is an absolute guarantee I won’t move there.
@acambras:
Which is what I said
@beyond:
Actually me a buddy of mine have approached several Apt companies with a deal to install a satellite in a common area, but hide it or make it hard to see and then give all the units access to it. This allows them to offer satellite to everyone, with out having dishes all over the place. They pay us 500 per building not much when you consider the switch can cost up to 275$. But Not bad when you consider we can knock out 2-5 building at one time.