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Seminar
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I.
Topic Introduction- Satellite Dishes |
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Cooperative
Condominium Advisory Council of Managing Agents Seminar: "Satellite Dishes
- Where They Can and Can't Go!"
Panelist: Roland A. Sher, ESQ., Himmelfarb & Sher, LLP
Statutory Provisions:
Telecommunications Act of1996: The Federal Communications Commission adopted
and promulgated the Over-the Air-Reception Device Rule pursuant to Section
207 of the Telecommunication Act concerning the prohibition of restrictions
on viewers' ability to receive video programming signals from direct broadcast
satellites, multichannel multipoint distribution providers and television
broadcast stations.
The Rule has been in effect since October 14,1996 and specifically prohibits
restrictions that impair the installation, maintenance or use of antennas
used to receive video programming.
The Rule applies to video antennas, including direct to home satellite
dishes that are less than one meter, (39.37") in diameter, TV Antennas
and wireless cable antennas.
The Rule prohibits most restrictions that:
1. unreasonably delay or prevent installation,
maintenance or use
2. unreasonably increase the cost of installation,
maintenance or use
3. preclude reception of an acceptable
quality signal
The Rule applies to viewers who place video antennas on property that
they own and that is within their exclusive use or control, including
condominium owners and cooperative owners who have an area where they
have exclusive use, such as a balcony or patio, in which to install the
antenna.
The Rule allows local governments, community associations and landlords
to enforce restrictions that do not impair, as well as restrictions needed
for safety or historic preservation.
The Rule applies to designated exclusive use areas applicable to the viewer,
which means an area of property that only the viewer may enter and use
to the exclusion of other residents; for example, it may include a balcony,
terrace, deck or patio.
The Rule allows certain restrictions under circumstances, including the
availability of central or common antenna in lieu of the installation
of individual antennas. The Rule does not apply to common areas or elements
that are owned by a landlord, a community association, or by the condominium
or cooperative owners, including the roof, hallways, the walkways or the
exterior walls of a condominium or cooperative building.
Conclusion:
In accordance with the foregoing, a cooperative or condominium has the
right to restrict access to the common areas or elements, as well as the
exterior portions of the buildings and surrounding landscape environs.
Furthermore, rules and guidelines can be established and implemented to
provide for proper, uniform and safe installation methods and procedures
relative to the common areas or elements, in the event access is permitted
by the cooperative or condominium.
If you have any questions or concerns regarding the installation of satellite
dishes or cellular antennas, inclusive of negotiation strategies for creating
income, generating revenue, safeguarding the property or health related
concerns, please feel free to contact Himmelfarb & Sher, LLP, One North
Broadway, Suite 800, White Plains, New York 10601, attention: Ronald A.
Sher, Esq. (914) 682-0040.
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