The Federal Communications Commission (FCC) has given apartment residents the right to install a satellite dish of one meter or less in diameter or a traditional stick type antenna providing that the dish (hereinafter includes both dish and stick-type) is mounted within the confines of the leased premises.

The resident does not have a right to receive a signal. The resident has a right to install a dish to receive a signal. Practically speaking, the FCC Order will usually only pertain to residents who have a balcony or patio that faces South (the satellites are in the sky above the southern hemisphere).

Common Areas
The FCC has specifically ruled that its Order does not pertain to common areas. Thus a resident may not mount a dish on an outside wall, a common stair-well, the roof or eaves, or outside the windowsill. A resident does not have a right to mount a dish on common area ground.

Reasonable Restrictions
A property owner may reasonably restrict a resident from mounting a dish in an unsafe manner such as on an elongated vertical pole (probably higher than 4 feet) or an extension device that hangs out over a balcony.

A property owner may prohibit the drilling of any holes through an outside wall, window, or fire wall that enable the resident to then hook-up to the inside television. The resident will have to use a cable that goes under a sliding door, etc.

While a resident may install as many dishes as he/she wishes within the leased premise space, the property owner may require that the dishes not be obtrusive (so long as a signal can be received). Similarly, the property owner may require that the dish be painted a color that meshes with the exterior building color or masked so long as the signal is not impaired.

A dish can be clamped to a balcony railing, but the drilling of holes can be prohibited.

Other Considerations
It is not unreasonable to require a separate security/damage deposit of $100 (perhaps more depending upon the circumstances).

Liability Insurance: Property owners might want to request that a resident obtain some kind of liability insurance to cover the result of a falling dish if the property owner is not otherwise covered through its blanket property policy. Such a request must be 'reasonable". Do not request insurance for this if you are covered or already allow other potentially dangerous objects to be placed on balconies.

A property owner does not have the right to require installation by a professional. However, the installation should be inspected after-the-fact and remedial steps taken if unsafe.

Please call Jim Arbury of the National Apartment Association/National Multi Housing Council Joint Legislative Staff If you have any questions, please call 202-974-2321.