Realty Times September 1, 1999

Housing, Satellite Dish Industries, Clash Over Lack of Standards
by Realty Times Staff

The satellite communications industry and the housing industry appear to be on a collision course over whether apartment building owners should have the right to control how tenants watch television -- via antenna, cable or satellite dish.

Last January the Federal Communication Commission handed the satellite TV industry a victory, essentially ruling that satellite dishes had gotten so small that there was no reason for building owners to forbid tenants from installing them.

The ruling allowed tenants to set up their own satellite receivers, rather than be forced to pay fees to tap into building cable systems or building controlled satellite systems.

The ruling, however, also triggered an outpouring of criticism from property owner organizations such as the National Association of REALTORS, The National Multi Housing Council, American Seniors Housing Association and National Apartment Association, who argued that allowing tenants to install their own dishes could be both dangerous and unsightly.

The debate has again moved to the front burner because of a tenant request being considered by the FCC asking the government to stop a building owner from insisting on being able to approve where dishes are installed, requiring a security deposit from the tenant, demanding a non-refundable fee for allowing the installation, and requiring that installations be done by qualified professionals.

Lead by the NMHC, the building owner groups say "Order 98-273" has proven unworkable and that it should be rescinded, not modified.

The groups point out that since the order was given, tenants have drilled holes in walls, tangled wires and generally abused the spirit of what the FCC was trying to accomplish. They also say that some tenants, in installing dishes on such things as balconies, have strayed over the edge of the railings, causing hazards.

That practice, say the groups, have "placed apartment owners in an untenable position. Even though many of the current installations (are unsafe), apartment owners are nonetheless potentially liable if a dish should fall and cause injury to a passerby."

Additionally, they say, the drilling of holes in exterior and interior walls can cause major property damage and create additional safety and liability concerns.

Even under Order 98-273, the FCC recognized the safety and liability issues related to satellite dish installations and allowed building owners to prohibit installations on outside walls, roofs, and windowsills.

The housing groups, however, maintain those restrictions are being ignored -- even in installations done by so-called "professionals."

The associations noted that there is no such thing as a Standard Installation Procedure for satellite dishes, there are no legal standards identifying what an installer must do to meet established fire and safety codes, and there is no such thing as a "professional" satellite dish installer because there are no accepted training, certification or licensing mechanisms for contractors.



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