[mythtv-users] OTA HD is sometimes good, sometimes bad...

R. G. Newbury newbury at mandamus.org
Thu Sep 27 02:06:34 UTC 2007

Jerry Rubinow wrote:
> On 9/25/07, R. G. Newbury <newbury at mandamus.org> wrote:
>> Don't mistake the FCC rules which override town/county/home-owner
>> association rules forbidding antenna towers, with condo rules.
>> In a condo, the unit owner does not own the outside of the unit. That is
>> part of the common structure. In a technical sort of sense, attaching
>> anything to the outside of the unit is a trespass to the common
>> facilities. Even the balcony may not 'belong' to the unit owner. It may
>> be an exclusive use area but part of the common elements.
>> In lots of condo's the demising wall is the back of the wallboard in the
>> outside rooms...You technically breach the rules by putting a nail
>> through the wallboard to hang a picture....
>> Different situations mean different results.
>> Geoff
>>From an FCC fact sheet (http://www.fcc.gov/mb/facts/otard.html), it
> sounds like the rule applies to exclusive use areas, but not common
> areas, of condos.  It sounds like you're saying a balcony can be both
> at the same time, in which case it seems like it's ambiguous.
> 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.

As I said, different situations, different results. Since an exclusive 
use area actually belongs to the condo, the condo could easily have 
written rules denying owners the right to drill mounting holes etc. in 
exclusive use areas. So you might be able to put up an antenna *on* your 
balcony, but not mount it on the wall.

And in Canada... no such CRTC rule, so you might be totally unable to 
have an external antenna..

It depends.....If you need more help, hire a lawyer...


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