Satellite Dish/Antenna Installation Policy and Permission
Protect your property by clearly establishing the rules & procedures for your tenant to install a satellite dish or antenna with this form!
Document Last Modified: 6/3/2021
State Specific Clauses
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As directed by Congress in Section 207 of the Telecommunications Act of 1996, the Federal Communications Commission adopted the Over-the-Air Reception Devices (“OTARD”) rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals from direct broadcast satellites ("DBS"), broadband radio service providers (formerly multichannel multipoint distribution service or MMDS), and television broadcast stations ("TVBS"). The rule (47 C.F.R. Section 1.4000) has been in effect since October 1996, and it 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 (or of any size in Alaska), 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; or (3) preclude reception of an acceptable quality signal.
Effective January 22, 1999, the Commission amended the rule so that it also applies to rental property where the renter has an exclusive use area, such as a balcony or patio.
On October 25, 2000, the Commission further amended the rule so that it applies to customer-end antennas that receive and transmit fixed wireless signals. This amendment became effective on May 25, 2001.
The rule applies to individuals who place antennas that meet size limitations on property that they own or rent and that is within their exclusive use or control, including condominium owners and cooperative owners, and tenants who have an area where they have exclusive use, such as a balcony or patio, in which to install the antenna. The rule applies to townhomes and manufactured homes, as well as to single family homes.
The rule allows local governments, community associations and landlords to enforce restrictions that do not impair the installation, maintenance or use of the types of antennas described above, as well as restrictions needed for safety or historic preservation. Under some circumstances where a central or common antenna is available, a community association or landlord may restrict the installation of individual antennas. The rule does not apply to common areas that are owned by a landlord, a community association, or jointly by condominium or cooperative owners where the antenna user does not have an exclusive use area. Such common areas may include the roof or exterior wall of a multiple dwelling unit. Therefore, restrictions on antennas installed in or on such common areas are enforceable.
Our Satellite Dish/Antenna Installation Policy and Permission is an addendum which establishes the ground rules for the installation and upkeep of a satellite dish or antenna, sets forth insurance requirements, and reserves the landlord’s right to remove or dismantle the dish or antenna in order to repair or maintain the property.
The Satellite Dish/Antenna Installation Policy and Permission form leaves little room for confusion over tenant’s responsibility regarding the installation and use of a satellite dish. It makes certain the tenant fully understands a professional must install the satellite dish or antenna, and that it is in the appropriate location.
Provide all tenants with the Satellite Dish/Antenna Installation Policy and Permission form at the start of their lease if you are going to allow satellite dishes on your property. This form ensures you that the tenant fully understands the procedures to follow before hiring a company to install the satellite dish or antenna. This form will allow you to edit the wording and take out information you do not want. You can even add your own space for the tenant to include the company’s information! The world is your oyster when it comes to the Satellite Dish/Antenna Installation Policy and Permission.
Our Satellite Dish/Antenna Installation Policy and Permission form comes as a part of your state-specific residential lease package or as a stand-alone.
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