Model
lease paragraph re antennas and satellite dishes
Based
on FCC Order 98-273 (Nov. 20, 1998)
Antennas, satellite dishes and the like. You may install an antenna, satellite dish or other
device for the reception of video programming services (television) subject to
the following rules and regulations:
1. Location.
A dish, antenna or other such device may be installed only within the confines
of your individual leased premises, including a balcony, balcony railing, patio
or yard. No part of the antenna or dish may extend into any common area,
including outside walls, outside windowsills, roofs, common area balconies,
common area stairwells or common air space, or beyond the balcony railing line
or patio line of your individual leased premises. Devices that extend the dish
or antenna beyond the leased premises or beyond the balcony railing or patio
line may not be used.
2. Installation.
Installation should be accomplished by a professional installer. No holes may
be drilled in any exterior wall, roof, window, glass, balcony railing, or other
part of the leased premises. Attachment to a balcony railing or other part of
the leased premises may be accomplished by clamping devices or other method
that does not damage the leased premises. The “hook-up” to an inside receiving
device may be made by a flat cable under a sliding door, by means of a device
on a window that allows a signal to pass through the glass or by other method
that does not damage the leased premises. The satellite or antenna system may
not be spliced or wired into any existing wires or cables that are a part of the
leased premises.
3. Size - satellite dish. No satellite dish may be greater than one meter in
diameter.
4. Indemnification and insurance. You understand that you assume total legal responsibility
for your use of any such dish, antenna or other device, and to indemnify and
hold us harmless from any and all personal or physical damage to property or
persons relating to any such dish, antenna or other device. You also agree to
keep a policy of liability insurance in the amount of $_____ in effect at all
times to protect us from all risk associated with any such dish, antenna or
other device. The policy shall be subject to our reasonable approval and shall
name us as an additional loss payee.
5. Additional security deposit. You will make an additional security deposit of
$_____ in the event you install a dish, antenna or other such device.
Disclaimer: This model paragraph is patterned after
FCC Order 98-273 and includes a reasonable interpretation and/or extension of
the language of the said order. Interpretation and extension of rules,
regulations and laws is subjective and inexact by nature. No assurances can be
had that a court would interpret rules, regulations and laws in the same way
that we do. In particular, a court could conclude that restrictions requiring
insurance or deposits are unreasonable. Further, a court could conclude that a
regulation, rule or law is unconstitutional and thereby invalid. The paragraph
is general in nature and is not intended to be legal advice. It is intended to
assist owners and managers in understanding the subject matter, but it may not
apply to the specific fact circumstances or business situations of all owners
and managers. For specific advice consult an attorney.
Donald K. Vowell & Associates
Attorneys at Law
6312 Kingston Pike, suite 111
Knoxville Tennessee 37919
Telephone 423.292.0000
Fax 423.212.4869
Donald K. Vowell†
dvowell@mindspring.com
Elizabeth K. Johnson
elizjohnson@mindspring.com