Mr. Walt Klinka
XXXXXXXXX

Dear Mr. Klinka:

We have received a complaint that you are violating the Spruce Creek Deed Restrictions, Section 18, Pages 21 and 22 which states:

"...No lot owner shall construct, erect, install or place or allow to be constructed, erected, placed or installed on his lot or any structure on his lot, a television or communication antenna or devise, a satellite video or audio transmission receiving broadcasting equipment (satellite dishes)."

Specifically, this notice is in regards to a complaint received concerning your having a satellite dish attached to your house.  Spruce Creek did amend this to allow satellite dishes to be placed at the back of the lot and secured to a Post, then proper landscaping to obscure the dish, but not attached to the house.

I would appreciate your immediate attention to this matter.

Respectfully,

(Signature)

Elena-Marie Ankiewicz
Director of Operations

CC: Harvey D. Erp
       RAC Committee
 

Office of the Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
Attn: Cable Services Bureau

TO WHOM IT MAY CONCERN:

I am petitioning the Commission for declaratory ruling under Section 1.2 to determine whether a particular deed restriction is permissible under FCC Rule Title 47 Section 1.4000(c) adopted October 12, 2000.

Approximately nine months after our crash antenna was installed by a professional company, we were notified by letter dated May 31, 2001 that we were in violation of Section 18, Pages 21 and 22 of our Deed Restrictions, that states: "No lot owner shall construct, erect, install or place or allow to be constructed, erected, placed or installed on his lot or any structure on his lot, a television or communication antenna or device, a satellite video or audio transmission receiving Broadcasting equipment (satellite dishes)." According to Section 18 of these Deed Restrictions the ruling made by FCC August 6,1996 makes this section unenforceable and unlawful.

As for the part of the letter of May 31, 2001 that refers to the amendment to Section 18 could not be found in my Deed Restrictions, and were never notified of any amendment to anything in the past ten years that we lived here.

On June 21, 2001, we returned from a trip and received the letter from Spruce Creek.  The next day, June 22, 2001 we went to Spruce Creek Administration office intending to discuss the letter with Elena-Marie Ankiewicz, Director of Operations and the author of the letter. We were told at the counter of the office that she was on vacation and no one else was available to talk to us.  At that point I asked to have on appointment with her to discuss the problem.  I waited 
until June 27, 2001 and called Mrs. Margo Domon-Davenport at Cable Services Bureau 
(Satellite) at 202-418-2949.  After I explained my problem to her she asked if I wanted her to call Elena-Marie Ankiewicz at Spruce Creek to see if it could be resolved.  Mrs. Davenport called that morning and was told that she was not in but would be in that afternoon and would return her call.  I took the liberty to drive past the Administration Office several times that afternoon and noted her SUV was there.  It remained there until after 3:47 P.M., the last time I drove by.  I waited to hear from Mrs. Davenport until July 6, 2001 before recontacting her by phone. I asked her what she had heard from Spruce Creek.  She said they never returned her call and asked of she should try again. She said after she contacted them that she would call me back.  She never called back so all I can assume is they would not talk to her.  After driving around our community I have found approximately 24 other dish installations similar to mine mounted on the house or attached, with some even installed in the front yard on side of house.  Then I went door to door and called these people and asked them if they also received a letter from the Developer, only 14 people were home, as many people have moved up north for the summer.  Not one person said they received a letter or ever heard of any Deed Restriction amendment in regards to satellite dishes.

I drove to the Marion County Recorder's Office and had their personnel search for this so called amendment in Plot Book 1, about an hour it was determined that there were no amendments made after 1994.  The name of the woman who did the search was Emily Abby an employee of that office in Ocala, Florida at 110 NW 1st. Avenue.  Tel. 352-620-3925.  Therefore according to FCC rules mentioned before, I claim, that I have no safety restriction (b) (1) and no prehistoric or historic district violations that I know of.  Also I do not own the dish equipment and according to contract can not move or alter in any manner.

The dish is located directly above the junction box that was installed by the Developer.  To move this dish according to the letter it would have to be moved to the back of my lot or the opposite side of my home, therefore and an additional cost.  If the Dish installer must move the dish I would be charged $100.00 or more to dig up my yard to do what the letter says.  I feel the cost is unwarranted and unreasonable.  If I discontinue Dish service according to contract I will be charged a cancellation fee of $240.00 because I agreed to have the service for a period of one year.  I feel this places me in a double jeopardy situation which is totally unacceptable.  This ordeal smacks of unequal treatment, and harassment because of being the only person cited for this violation. The enclosed letter from my attorney was never answered which is standard operating procedures of Spruce Creek.  According to one of the letters they were no 
longer to contact me but send all correspondence to my attorney. They could not even honor 
that from a lawyer. We consider this payback for having the tour buses removed.

Because of all this I ask relief from this Developer as we do not have a Homeowner's Association as the Developer dissolved it October 16, 1998.  There is no one else to turn to in order to resolve this matter once and for all.

I will not give the names and addresses of the other people because I would have to send a copy to the Developer and you know what would happen.  If you desire this information I would be more than happy to send it to you alone.  Please feel free to contact me for any information you desire by mail or phone 352-2XX-XX32
Sincerely,

WALTER E. KLINKA

January 29, 2002

Walter Klinka
XXXXXXXX
XXXXXXXX

Re: Antenna Restrictions of Spruce Creek Development Company

Dear Mr. Klinka:

            This letter acknowledges resolution of the petition that you, filed with the Federal
Communications Commission concerning antenna restrictions contained in the Spruce Creek Development Company (“the Developer”) deed restrictions.

The Commission's Over-the-Air Reception Devices rule (47 C.F.R. § 1.4000) addresses governmental and nongovernmental restrictions on installation, maintenance or use of antennas that receive television broadcast signals, dish antennas one . meter or less in diameter that receive video programming via DBS, or antennas one meter or less in diagonal measurement that receive multipoint distribution services.  It applies to restrictions "on property within the exclusive use or control of the antenna user where the antenna user has direct or indirect ownership or leasehold interest in the property" (47 C.F.R. § 1.4000(a)(1)). The rule further provides that once a petition is filed with respect to antenna restrictions, the entity seeking to enforce these restrictions must suspend all enforcement efforts pending completion of the review, and no fines, fees, or other penalties may accrue during this period (47 C.F.R. § 1.4000(a)(3)).

On January 28, 2002, Jane Gross, an FCC attorney, spoke with the Developer's director of operations, Elena-Marie Ankiewicz, concerning the restrictions in question.  Ms. Ankiewicz informs us that because you have already installed your dish, the Developer will not require that you move it to the back of your house or your back yard, as such a move would be prohibitively costly for you. In light of these assurances from the Developer, no further action on the petition is necessary.

  Sincerely,

(Signature)
Eloise Gore
Special Assistant for Law and Policy
Consumer Protection and Competition Division
Cable Services Bureau

  cc:    Elena-Marie Ankiewicz, Director of Operations
           Spruce Creek Development Company
           17585 S.E. 102nd. Avenue
           Summerfield, Fl. 34491
 

           Penny Freshwater
           Office of  Congressman Cliff Stearns
           115 S.E. 25th. Avenue
           Ocala, FL 34471