[opendtv] Re: Multi-Unit Dwellings and ATSC

  • From: "John Willkie" <johnwillkie@xxxxxxxxxxxxx>
  • To: <opendtv@xxxxxxxxxxxxx>
  • Date: Wed, 16 Jul 2008 09:57:44 -0700

And, every time over the last 22 years that the "antis" have come up with
some new banning wrinkle, the FCC has consistently expanded the "limited
Federal pre-emption."  At last check, they had done so four times.


John Willkie, who is smelling behalfism at work.  I've actually used the FCC
actions to ward off municipal bureaucrats who wanted me to file permits for
satellite dishes.  "I'd rather spend the money suing you in Federal court"
since your local rules are at variance with what the FCC permits.  Worked
like a champ; I even added a second dish, and planned on a third.



De: opendtv-bounce@xxxxxxxxxxxxx [mailto:opendtv-bounce@xxxxxxxxxxxxx] En
nombre de Adam Goldberg
Enviado el: Wednesday, July 16, 2008 9:32 AM
Para: opendtv@xxxxxxxxxxxxx
Asunto: [opendtv] Re: Multi-Unit Dwellings and ATSC



There may or may not be problems.  The facts are what they are - the rules
prohibit prohibitions on installation of (safe) external antennas (satellite
and OTA).  The regulatory history of the implementations of this requirement
strike a rather sensible balance between safety, historical preservation and
the rights of owners in areas of their exclusive use (like their balcony).

On Wed, Jul 16, 2008 at 12:28 PM, <dan.grimes@xxxxxxxx> wrote:

" 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." 

It seems to me that there could still be a lot of issues regarding the
height requirements and the availability of "exclusive use" areas. 


"Adam Goldberg" <adam_g@xxxxxxxxx> 
Sent by: opendtv-bounce@xxxxxxxxxxxxx 

07/16/2008 09:05 AM 

Please respond to






[opendtv] Re: Multi-Unit Dwellings and ATSC




Without addressing the rest of this, the FCC has a reasonably good fact
sheet about what may NOT be prohibited re installing an outdoor OTA antenna:


On Wed, Jul 16, 2008 at 11:58 AM, <dan.grimes@xxxxxxxx> wrote: 

I'm curious as to how the transition to ATSC will work out for multi-unit

If I understand correctly, OTA, and more specifically ATSC, was designed to
use an outdoor antenna.  I also understand that it is every person's right
(as in legally cannot be prohibited) to install an antenna to receive OTA.
I'm not sure if this only applies to single-family dwellings or multi-unit
dwellings as well. 

Either way, I'm not sure that a multi-unit dwelling owner wants an exterior
antenna for every unit, thus, a single, central antenna would be installed
and a distribution system delivers the signal.  If that system is converted
to cable, as so many are, then the units will not be able to receive OTA.   

Remember that most here on this board specifically state that ATSC is
designed to be used with an exterior antenna on a 50' mast.  So do the
residents of a unit have the right to erect one?  Or are residents of
multi-unit dwellings forced to use rabbit ears which may or may not work? 



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