me vs. satellite dish

[bigpuffer]

My neighbor just installed a DirectTV satellite dish on the side of his house, in ugly plain view of where we like to sit outside and BBQ.

My question: what can i do to discourage him from keeping the dish there? obviously if it keeps "malfunctioning", he will decide to move it elsewhere.

Are there any creative ways to make it not work? would hitting the dish surface with paintballs, birdsh*t, BBs, etc do the trick? what about higher-tech solutions? Is there any literature on carrying out protracted warfare of this sort?

Low tech thought: The dish is about 4 feet away from our shared wall, so i could use a broom, pole, etc to push on the dish and disturb its aim. Any other ideas?

Obviously, this is all hypothetical and for humorous intellectual purposes only-- i would never consider doing anything for real.

[lil_freak]

Obviously, this is all hypothetical and for humorous intellectual purposes only-- i would never consider doing anything for real.

Um, Sure if you say so.

I see this heading towards dev/null.....or someplace worse

[TheCotMan]

My neighbor just installed a DirectTV satellite dish on the side of his house, in ugly plain view of where we like to sit outside and BBQ.

They are pretty small... not like the 8 foot dishes that existed 20 years ago.

My question: what can i do to discourage him from keeping the dish there? obviously if it keeps "malfunctioning", he will decide to move it elsewhere.

There are a number of things that you could do, but why?
Have you considered asking your neighbor to move it?

They say that tall fences make good neighbors, have you considered an extention to your fence in height? Some cities/state have restrictions on how tall a fence may go, but permit "privacy guard" extensions that have larger gaps than normal fences.

Why resort to passive aggressive attacks on your neighbor?

Are there any creative ways to make it not work?

Yep.

would hitting the dish surface with paintballs, birdsh*t, BBs, etc do the trick? what about higher-tech solutions? Is there any literature on carrying out protracted warfare of this sort?

Um. Maybe someone else will help you with this.

Low tech thought: The dish is about 4 feet away from our shared wall, so i could use a broom, pole, etc to push on the dish and disturb its aim. Any other ideas?

Yeah, if direct requests do not help, try the "American Way" and go with a lawsuit.

[Clp727]

I would just ignore it. The dish has to point to a certain latitude and longitude, and a clear line of site with the satellite. Your neighbor probably has no other choice.

[Voltage Spike]

I would just paint the dish pink and install an SEP field.

A lawsuit won't work. I believe that FCC regulations dictate that you may install a dish under 3 feet in any location that doesn't overhang common property.

[TheCotMan]

A lawsuit won't work. I believe that FCC regulations dictate that you may install a dish under 3 feet in any location that doesn't overhang common property.

A lawsuit need not be something that can be won in court. A civil case filed over devaluation of property as the result of an eyesore in a neighboring property may not be "winnable" but the cost of building an adaquate defense can easily be more than the cost of moving the device.

Corporation engage in this practice often; it's not always who is right, but who has the most money to stand going the distance, and most cases settle out of court to avoid excessive fees.

Also, just because a federal law exists to cover one aspect of an action does not mean the same action can't be found under a local law as a different issue. (Consider cases where LeO were tried locally for one crime, but later tried in a federal court under a different law related to the same actions (sound like double jeopardy?) or cases where a criminal case finds the defendent not guilty, but a civil case favors the vicitm's family.)

[lil_freak]

A lawsuit won't work. I believe that FCC regulations dictate that you may install a dish under 3 feet in any location that doesn't overhang common property.

Voltage is right, the FCC dictates that "owners can install satellite dishes one meter or less in diameter on portions of property: 1) in which they have a direct or indirect ownership interest; and 2) where the owner has exclusive use or control."

However if the area in which you live has certain H.O.A's rules then the following may apply:

"G. Condominium/Homeowner Association Rules

1. One of the major issues of contention was whether the 1996 Act applied to privaterestrictions -- mainly condominium rules, deed restrictions, and homeowner associationrules -- preventing satellite dishes and TV antennas, and if so, what the FCC’s rulespreempting such restrictions should be.

2. The FCC ruled that private restrictions are subject to the preceding rules if:
a. They apply to property within the exclusive control of the person desiring to install an antenna, and
b. Such person has a direct or indirect ownership interest in the property.

3. The FCC ruled that it had insufficient information on which to act, and solicited furthernformation on the following two situations:
a. Condominium common areas, or other areas not within the exclusive use or control of the person wanting to install an antenna, and
b. Rented or leased properties, such as apartments.

4. The preceding is a major change from the FCC’s proposed rule, which would have preempted all private restrictions."

[murakami]

Build a waterfall in the dish's line of sight. That'll teach them.

[astcell]

How does a satellite dish devalue the property? Have you seen what it costs nowaday for 150 channels? Seeing a satellite dish is like seeing a Mercedes, it ain't cheap to keep!

[TheCotMan]

How does a satellite dish devalue the property?

Look at your picture! See that cute little pink blob sitting outside the doghouse? That was the Easter Bunny until is hopped into the dish and got fried to death. Who is next ? Santa Claus?

Santa won't stop near houses with dishes, and that will decrease the prices of houses that neighbor those with dishes.

And what will the realty agent say about this house when showing off their neighbors houses?
"Yeah, your neighbors are a bit crazy... they have a dish on their doghouse. They are mostly harmless-- well except for Jeb, but the good news is this house is not being sold by the original owners, but their next of kin, so the sale will go fast after the police finish with their investigation."

Seriously, If the dish is in a place where it can be argued to be an eyesore to neighbors and lower the value of their property, they have a chance in getting this case heard in court, and even if they don't win, there is a cost to paying for a defense which may encourage neighbor and owner to come to agreement long before any trial date.

In the U.S., anyone can sue anyone else for anything at any time*. A case may be thrown out or dismissed, or settled out of court, but threat of lawsuit is usually enough to encourage a change-- again, you don't have to win the case to achieve your goal.

* There are exceptions like when choosing to sue the government, but not so many when it comes to individuals vs individuals.

[Thorn]

Eyesore? I guess ugly is in the eye of the beholder, just like beauty. I wouldn't say they are pretty, but it's just like a chimney: a functional device on the house.

Around here with only three stations in the local market and a bankrupt cable company, they are very common. Statewide, there is a 60% penetration rate for satellite TV.

[TheCotMan]

Eyesore? I guess ugly is in the eye of the beholder, just like beauty. I wouldn't say they are pretty, but it's just like a chimney: a functional device on the house.

Yes, and it is interesting what some communities call "eyesores"

Pickup trucks that cant be parked in driveways or on the street if they don't meet the requirements of a community. (Some homeowner association/gated communities do this)
Case where lawsuit wins, but appeal counters win for commercial vehicles.

Ordinance on use of gas powered leaf blowers

But then we have This Link

ZONING AND LAND USE; FEDERAL PREEMPTION; SATELLITE DISHES: Federal court abstention under the Burford doctrine was improper in a case that asserted preemption by FCC regulations of a local zoning ordinance governing the size and placement of television antennas and satellite dishes. Neufeld v. City of Baltimore, 964 F.2d 347 (4th Cir. 1992). City ordered homeowner to remove his large satellite dish from his front yard pursuant to a local zoning ordinance. Homeowner asserted that FCC regulations preempted the field of satellite communications, and therefore the provisions of the locality's zoning ordinance pursuant to which he was ordered to remove the dish were unconstitutional. The district court abstained under the Burford doctrine (Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943)), and dismissed the case. In holding the district court's abstention improper, the Fourth Circuit indicated that Burford abstention may be used only in exceptional circumstances. Citing the Supreme Court's ruling in Colorado River Water Conservation District v. United States, 424 U.S. 800 (1976), the Fourth Circuit stated that abstention is only appropriate (i) for cases that present difficult questions of state law involving important policy considerations affecting localities, and (ii) when the exercise of federal review would disrupt state efforts to establish coherent policies of substantial public concern. According to the court, this case presented no difficult state law questions. The court went on to note that while Burford abstention is often appropriate in land use cases involving "difficult interpretations of state law of peculiar concern to a particular locality," this case did not present such an issue because the federal court was faced with a federal preemption issue, and was not being asked to interpret the substantive provisions of the locality's zoning ordinance.

Law is an interesting thing.

[noid]

Personally, I would go for low tech any day. Just give it a whack with the broom every now and then, beats having to devise some Rube Goldberg-esque high tech solution. Have you tried asking your neighbor if they'd move it? I figure I'd bring that up, but I also understand that some peoples neighbors are asscracks (like the one who's trying to build a house that will block me and 4 others view of the lake).

[astcell]

Maybe we can decorate the dishes. I mean, cell towers are painted like rockets, trees, and even bigger antennas. What would we make, a wok?

[TheCotMan]

Maybe we can decorate the dishes. I mean, cell towers are painted like rockets, trees, and even bigger antennas. What would we make, a wok?

We have cell antennas in our area that are entirely artificial trees, and you can't easily tell they are not real until you get pretty close.

In the case of the dog house dish, they could just lower it a a bit and make it into a water dish, or dog food bowl-- Oh wait: reception.

Another idea? A bird bath! Oh. same problem.

Mailbox! Then people interfering with your mailbox could be dealt with through federal laws of interfering with postal service! Naw. Mail could get wet in rain or blow away in wind.

Put two of them side by side as the bust of a female figured statue-- naw, too risky as a target by some frat-house or bored teens.

Hang multi-colored jars filled with cheap beer from it and call it modern art titled "My impression of television programming" and then claim placing it on your lawn is a form of freedom expression and protected by the constitution and case law.