Legal Question in Real Estate Law in California

There is no California law because this area of law is pre-empted by Federal law and rules.

The Federal Communications Commission sets the rules; see www.fcc.gov/csb/facts/otard.html or call 888-CALLFCC or (202) 418-7096.

The lawfulness of the FCC taking partial control of satellite antennas away from landlords was tested in a Federal court case, Building Owners and Managers Association v. FCC, decided by the D.C. Cirsuit in 2001, and reported at 254 F.3d 89. The FCC's rule-making power was largely upheld.

Landlords have some authority under the FCC rules to say how the dishes may be installed, but most commercial installers know the rules. The landlord cannot designate who will do the installation work. The antenna cannot be in a common area such as a roof, hallway, etc., but when the property is a single-family home, such common areas are unusual to rare.

This is just a brief summary of what a tenant can and cannot do. Anyone concerned with this subject, whether landlord or tenant, should get a copy of the complete rules.

The landlord owns the property and makes the rules about modifications and additions to his property.. Get his permission, follow his rules, or suffer the consequences.