When the landlord says ‘no dish,’ tell him it’s not his call

Question: I ordered satellite service for my apartment, but the landlord refused to let me have the dish installed. How can I persuade him to change his mind?

Answer: The Federal Communications Commission has done the work for you, enacting a detailed set of rules and regulations in 1996 that on many levels prohibit a property owner from restricting a tenant’s right to satellite service. Unfortunately, many people are in the dark about the FCC’s elaborate guidelines. If it’s a dish or antenna you desire, it’s worth researching.

The first place to start is at the FCC website, www.fcc.gov/csb/facts/otard.html. The site details the rules on Over-the-Air Reception Devices, also known as OTARD, which let tenants install and use a satellite dish or antenna. There are exceptions to the rules, including where the dish can be safely installed and the aesthetic concerns of a historic property.

OTARD guidelines are complete but complex. For example, for satellites, size matters. The rules define a “dish” antenna as being 1 meter (39.37 inches) or less in diameter (or any size dish if it’s in Alaska).

Any satellite that fits the above size requirement will do nicely. Most satellite companies provide a form specially designed to overcome typical miscommunication between landlords and tenants. You may want the company to come out first and assess where a dish can realistically be placed, just in case the only decent location isn’t viable, such as on the roof.

But where can the dish be installed? What if your landlord is adamant about the “no-dish” policy?

Once again, FCC to the rescue. For renters, the satellite dish can be installed almost anywhere within the rented space. Balconies are a popular hangout for satellite dishes, but the landlord can refuse to allow the dish to hang off the balcony in any manner. They can also restrict you from drilling into the exterior walls, or into any common-area location, including the roof.

Unfortunately the location of the dish can make or break a signal. Because sky satellites are only in the Southern Hemisphere, most individual dishes must have southern exposure, which in some cases can be a problem.

Because the OTARD rule prohibits restrictions that can impair a person’s ability to install, maintain or use an antenna, can the landlord actually disallow the dish on the roof? According to the OTARD guidelines, yes.

The property owner does not have to allow the dish in or on common-area locations.

Genuine safety concerns for the tenants or the rental property can also restrict some of the satellite installation sites, such as in narrow hallways or fire-escape routes. Concerns have to be legitimate and apply to all installations.

The installation rules must be provided in written form to the tenant, so the consumer wanting the service understands which safety restrictions apply and why.

A local rule cannot prohibit multiple antennas if more than one antenna is necessary to receive the desired service, according to the FCC site. Because OTARD is a federal law, it overrides any local or state laws, including the requirement to obtain a permit before the dish is installed.

Your best bet? Even though the law is on your side, work out a compromise with the owner. Perhaps the dish can be left for the next tenant. By explaining the value of upgraded service, perhaps the owner will view the dish as an asset to the property. If you are unable to reach an agreement with the property owner or think he or she is imposing an invalid restriction, contact the FCC toll free at (888) 225-5322. The satellite company provider may also provide some assistance.

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