[mythtv-users] Damn you Time Warner

[Craig G.]

----- Original Message ----- 
From: steve
To: Discussion about mythtv
Sent: Tuesday, April 08, 2008 5:16 PM
Subject: Re: [mythtv-users] Damn you Time Warner


>>| At least in the U.S. your homeowners association/convenants in most
>>cases
>>| can't be used to block you from installing a TV antenna or a sat dish. 
>>I

>Not sure where that info is coming from, but if you choose to live in a
>community (gated or not) if there is a homeowners association you pay
>dues for more often than not it is stipulated in the agreement that when
>you move in, your house stays AS IS.  No satellite dishes, no antennas,
>no laundry drying apparatus, etc... nothing can be attached to the
>outside of the house that the builder did not install.  There are
>several uppity communities in our area (upstate NY) where you cannot
>have a satellite dish in view of the road, your house has to be painted
>a town pre approved color, if your grass grows more than an inch you get
>a visit from the code officer.  (I got a fine last year for blowing
>grass in the street from my mower lol)

>Steve Reilly


    The Telecommunications Act of 1996 (as passed by Congress)  gave the FCC 
the powers to preempt the application of regulations that prohibit a 
viewer's ability to receive video programming services over the air. 
Section 2.07 of the ACT  states that the FCC is able to "promulgate 
regulations to prohibit restrictions that impair a viewer's ability to 
receive video programming services through devices designed for over-the-air 
reception of ... direct broadcast satellite services ....".

    The Over-the-Air reception devices Rule (OTARD) is the FCC enforcement 
of these powers, granting homeowners (and to a certain extent apartment 
renters and condominium owners) certain rights to install and maintain a 
dish, vhf, or wifi antenna.  Regardless of whether you have signed a 
homeowners association agreement, or have covenants in place, the federal 
regulations under OTARD make them virtually invalid on the issue of an 
external antenna.    Further more OTARD puts the burden of proof on the 
homeowners association if it goes to court, and doesn't allow the homeowners 
association to collect any lawyers fee's if for some reason you happen to 
lose the case.    OTARD makes contesting a TV antenna a no win for home 
owners associations as it can cost them a large amount in lawyer fees and 
regardless of ruling they can't collect those fees from you. (if you comply 
with the case findings)   In Daly vs. River Oaks Place Council of Co-Owners 
the home owners association lost over $27,000 in lawyers fees.

    If you are part of a home owners association with any kind of good legal 
representation, ask about the application of OTARD at your next association 
meeting.   The better ones know about it, but won't discuss it because its 
one of those things they don't necessarily want you to know about.   Putting 
up an antenna won't make you popular, but in most cases under OTARD it is 
legal regardless of what you signed when you purchased your house.  Just 
Google on "HOA and OTARD" and you will find quite a bit of information on 
it.

    Unfortunately the FCC doesn't have authority over house colors or grass 
clippings, so they can't help you with that.


Craig