Dish TV Answers

Is it legal to prohibit installation of Direct TV?

Perhaps you have considered signing up for DirecTV, but then decided against it because you were worried that it was prohibited by your rental agreement or homeowners association? If you’d love to experience all the benefits of digital quality and all the stations you want, read on.

If your homeowners association or rental agreement prohibits you from installing a DirecTV dish, you may have a good chance of having that prohibition overturned.

Unless they can prove that you live in a historic home that requires unique preservation methods, it’s actually against the law to make restrictions against installing a Direct TV dish. Additionally, the contract can’t require you to pay extra when you have a TV satellite dish nor can it obstruct your reception in any way.

Federal Communications Commission (FCC) Ruling of 1998

The law was clarified in February of 1998 when the Federal Communications Commission (FCC) ruled in a case brought by Jason Peterson. The FCC decided that as long as the TV satellite dish follows certain requirements, then it has to be allowed.

A lawful TV satellite dish should be less than a meter (about 39″) across, must be installed in an area where the owner has a direct or indirect interest in the property, and is attached to a property that is not a historic site.

If all of these criteria are met, your TV satellite dish is legal and must be allowed.

Also, your association cannot do anything to delay installation of your DirecTV dish, hinder maintenance of it, or increase the cost of it.

This is great news for you if you’ve always wanted a DirecTV dish, but were worried about extra fees that your homeowner’s association might threaten you with.

The reasoning behind the ruling is partly that the restriction of direct broadcast satellite antennas (like a DirecTV dish) creates a monopoly situation where only cable broadcasting is available.

Are you concerned that your homeowners association might claim that your home is a historic building and try to deny you a DirecTV dish in that way?

The FCC ruling states that the burden of proof is entirely with your homeowners association, meaning that it’s up to them to come up with enough evidence to classify your home as historic. In the case of Jason Peterson, his association wasn’t able to make the argument.

Even if you live in a home that shares a wall with another home, such as an apartment or condominium, you have the right to install your DirecTV dish on the wall that is yours.

Jason Peterson, for example, lived in a townhouse that had three exterior walls and a roof segment that were not shared by any other home. The FCC ruled that he was legally within his rights to install his TV satellite dish on those exterior walls and roof.

If your homeowner’s association tries to stop you from enjoying your DirecTV, let them know kindly that the FCC statement overrules local decisions. If they don’t back down, send them to http://ftp.fcc.gov/Bureaus/Cable/Orders/1998/da980188.txt where they can read the specifics of the FCC decision for Jason Peterson.

With luck, that will convince them to relax their complaints against your DirecTV satellite dish.