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I'm intimately familiar with the FCC regs - shortly before installing the
DTN dish, I installed DirecTV and dumped cable. The HOA lawyer demanded I
remove both the DirecTV and DTN dishes. After review of the regs we decided
we was on solid ground in keeping DirecTV and not such strong footing with
DTN. The FCC regs are clearly written to cover broadcast video i.e.
television and the intent of the act is to encourage competition in
distribution of television signals. DTN is broadcast data, however they will
tell you that they fall under the Act's umbrella because the data stream
includes weather pictures. I wasn't comfortable arguing that distinction in
court nor was I certain that the FCC would provide the legal backing they
provide in disputes regarding television signals. I'm not saying that one
might not win such an argument, just that the odds didn't look good, and if
there is one thing in which a trader deals, it's probabilities. I still have
my DirecTV and take great pleasure in showing my neighbors how to dump
cable - much of the cable is strung on the ground through our forest so
there is little likelihood we'll ever have anything which might provide
decent internet service.
While is nice to collect all that data from the satellite, it does require
that the box and the computer run 24x5 with full UPS backup and no operating
system reboots. All things considered, I like the convenience of sitting
down at the computer when I'm ready to trade and getting what I need on
demand. This of course raises issues of internet reliability and that
reliability will vary so there is not yet perfection.
Earl
-----Original Message-----
From: RAY RAFFURTY <rrraff@xxxxxxxx>
To: RealTraders Discussion Group <realtraders@xxxxxxxxxxxxxx>
Date: Monday, March 29, 1999 8:17 PM
Subject: Re: Future of trading data/software
>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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