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Hi Earl,
I'm glad your happy with your new Internet based service, but your home
owner's association is in violation of the Telecommunications Act of 1996,
Section 207 by requiring you to remove your dish.
Which states:
(a) Any restriction, including but not limited to any state or local law
or regulation, including zoning, land-use, or building regulation, or any
private covenant, homeowners' association rule or similar restriction on
property within the exclusive use or control of the antenna user where the
user has a direct or indirect ownership interest in the property, that
impairs the installation, maintenance, or use of:
(1) an antenna that is designed to receive direct broadcast satellite
service, including direct-to-home satellite services, that is one meter or
less in diameter or is located in Alaska; or
(2) an antenna that is designed to receive video programming services via
multipoint distribution services, including multichannel multipoint
distribution services, instructional television fixed services, and local
multipoint distribution services, and that is one meter or less in diameter
or diagonal measurement; or
(3) an antenna that is designed to receive television broadcast signals,
is prohibited, to the extent it so impairs, subject to paragraph (b). For
purposes of this rule, a law, regulation or restriction impairs
installation, maintenance or use of an antenna if it: (1) unreasonably
delays or prevents installation, maintenance or use, (2) unreasonably
increases the cost of installation, maintenance or use, or (3) precludes
reception of an acceptable quality signal. No civil, criminal,
administrative, or other legal action of any kind shall be taken to enforce
any restriction or regulation prohibited by this rule except pursuant to
paragraph (c) or (d). No fine or other penalties shall accrue against an
antenna user while a proceeding is pending to determine the validity of any
restriction.
(b) Any restriction otherwise prohibited by paragraph (a) is permitted if:
(1) it is necessary to accomplish a clearly defined safety objective that
is either stated in the text, preamble or legislative history of the
restriction or described as applying to that restriction in a document that
is readily available to antenna users, and would be applied to the extent
practicable in a non-discriminatory manner to other appurtenances, devices,
or fixtures that are comparable in size, weight and appearance to these
antennas and to which local regulation would normally apply; or
In other words, they can't do what they did.
You can find the entire text at the FCC web site. Never give up without a
fight.
Ray Raffurty
----- Original Message -----
From: Earl Adamy <eadamy@xxxxxxxxxx>
To: RealTraders Discussion Group <realtraders@xxxxxxxxxxxxxx>
Sent: Monday, March 29, 1999 4:26 PM
Subject: Future of trading data/software
>I settled on DTN satellite and Ensign, however my HOA forced me to get rid
of the DTN
>
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