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Restrictions Against Grande Communications, Satellites, etc.
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pioneer10
Mueller Community

Posts: 3
Joined on August 20th, 2007
Restrictions Against Grande Communications, Satellites, etc.
by pioneer10 on August 20th, 2007

I'm not sure if this falls under the deed restrictions or not, but I seem to recall receiving an email telling me that Time Warner had won some sort of exclusive contract to the Mueller area.

Does anyone know if satellite dishes will be allowed in the neighborhood?

Also, can the community legally keep other utility companies out? Would Grande Communications for example be allowed to enter the Mueller market?
 
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Douglas
Mueller Community

Posts: 4
Joined on August 20th, 2007
Antennae
by Douglas on August 20th, 2007

The Mueller Supplemental Covenant says the following about satellites:

Quote:

2.33 Antennae. Antennae and satellite dishes may only be installed pursuant to the provisions of Section 2.08 and 2.09 of the Mixed-Use Covenant.


Though I'm not sure what what those sections say about it.
 
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Mr.Me
Mueller Community

Posts: 47
Joined on August 18th, 2007
untitled topic
by Mr.Me on August 20th, 2007

The restrictions are in there but they don't mean anything after the Telecommunications Act of 1996. I have had numerous clients put in dishes in neighborhoods that don't allow them and the association can't do anything about it.

"Community associations were once free to adopt and enforce restrictions and regulations on satellite dishes and other types of antennas. Following the enactment of the Telecommunications Act of 1996, federal law preempted all state, local and other non-governmental restrictions regulating satellites and antennas, thus, the landscape for community and condominium associations was significantly changed. In October 1996, the Federal Communications Commission (FCC) adopted the Over-the-Air Reception Devices Rule (OTARD rule or rule) concerning governmental and non-governmental restrictions on viewers' ability to receive video programming signals from direct broadcast satellites ("DBS"), multi-channel multi-point distribution (wireless cable) providers ("MMDS"), and television broadcast stations ("TVBS").

OTARD Rule Prohibitions
The OTARD rule prohibits entities, such as community associations, from creating restrictions that impair the installation, maintenance or use of antennas used to receive video programming. It applies to video antennas including direct-to-home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska ), TV antennas, and wireless cable antennas. The OTARD rule prohibits restrictions that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal. Since its adoption, the FCC has amended the rule so that it also applies to rental property and to customer-end antennas that receive and transmit fixed wireless signals.

The OTARD rule applies to viewers who place antennas that meet size limitations on property that they own or rent and that is within their exclusive use or control, including condominium owners and cooperative owners, and tenants who have an area where they have exclusive use, such as a balcony or patio, in which to install the antenna. The OTARD rule applies to town homes and manufactured homes, as well as to single family homes. The rule does not apply to antennas for AM/FM radio, amateur HAM radio or Internet. "

There is more if you want to read about it at the below link

[url]http://www.neighborhoodlink.com/article/Association/FCC_Satellite_Antenna_Regulations[/url]
 
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bettychang
Mueller Community

Posts: 7
Joined on August 19th, 2007
untitled topic
by bettychang on August 21st, 2007

That Time Warner announcement was ridiculous. I've spent many years boycotting TW for rude (non-)service. I can't imagine anything more boring than a TV channel about a residential community. I emailed SBC to invite them to propose a competing package. They actually called me but only to give the disappointing message that they have online promotions every week. If they don't want the business....

But did you notice how no one asked us what providers we wanted? Is this collusion among the City of Austin, Catellus, and TW to hinder competition in a way that can injure consumers? Sound like an antitrust violation?
 
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austinel
Mueller Community

Posts: 58
Joined on September 1st, 2007
untitled topic
by austinel on September 1st, 2007

good grief ... I'm glad to see the legal on them not really being allowed to restrict us on that -- it'll be a cold day in hell before I ever use TW again.
 
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ristexas
Mueller Community

Posts: 145
Joined on April 17th, 2008
Small dishes are allowed
by ristexas on April 29th, 2008

Section 2.8 of the Master Community Covenant specifically states that direct-to-home satellite antennas less than one meter in diameter are allowed subject to "reasonable requirements as to location and screening." It looks like everything will be fine. :wink:
 
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hectoranddebbie
Mueller Community

Posts: 106
Joined on August 9th, 2008
Restrictions Against Grande Communications, Satellites, etc.
by hectoranddebbie on August 30th, 2008

We have DirecTV so that I can watch the Packers every week. Love my satellite and wouldn't go back to cable for anything. I think it just has to be installed on the back of the house. DR
 
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Rachelle Abercrombie
Mueller Community

Posts: 6
Joined on September 15th, 2008
Restrictions Against Grande Communications, Satellites, etc.
by Rachelle Abercrombie on October 15th, 2008

So, can someone please clarify for me as to whether or not a competing cable company (I like Grande) is allowed in? I remember the big to-do several years ago because TW didn't want to service east Austin, so Grande picked it up. Of course, east Austin is the hott (yes, with two tts!) area now. Additionally, Grande still carries KXAN and whatever else comes with that group. My bill didn't even go up to cover the $5 'they' want to charge. Whoever 'they' is, as defined by TW. I'll admit I didn't really pay attention to TWs ads since I didn't have to worry about it.

 
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Kevin Ludlow
Mueller Community

Posts: 582
Joined on August 19th, 2007
Restrictions Against Grande Communications, Satellites, etc.
by Kevin Ludlow on October 15th, 2008

I won't go into all of the details right now, but Grande is at least considering their options for the neighborhood.

If anyone could provide the specifics of the charter amendment (I know it's huge) that talks about any deal(s) between the COA and TW, I'd love to study up on it.
 
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Kenneth Nieves
Shad Alford

Posts: 1
Joined on January 18th, 2020
Restrictions Against Grande Communications, Satellites, etc.
by Kenneth Nieves on January 18th, 2020

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