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Pay TV Satellite Dishes and Antennas Policy

Last published 12 Aug 2015

1. Background

Installing pay television facilities requires structural changes to be made to the building.

All people in rental accommodation, not just FACS tenants, must ensure that approval from their landlord has been granted before structural changes are made.

Tenants must first seek written approval from FACS if they wish to have pay television facilities installed in any FACS dwelling including:

  • Units;
  • Cottages;
  • Villas; and
  • Townhouses.

An application generally can only be considered if a signed agreement setting out FACS’ requirements for access to it’s properties exists between FACS and the company providing the service the tenant wishes to access, (except freestanding cottages). This is known as an “Access Agreement”.

The tenant is responsible for arranging their contracts and the cost of subscribing to pay television.

FACS is not responsible for any installation, disconnection, subscription, security of installation, maintenance, technical, and quality of reception or billing problems. Tenants must deal directly with the company they subscribe to if they experience any problems with their pay television service.

Under no circumstances will FACS sign or enter into individual pay television subscription contracts on behalf of a tenant.

Tenants cannot allow the installation of pay television services without first ensuring that written approval has been provided by FACS.

As the popularity of pay television grows and the number of service providers increases, FACS and service providers need to be conscious of the structural limitations of each individual building.

Pay television service providers are solely responsible for the cost of installing and maintaining their equipment.

Therefore, some service providers may choose not to offer or limit their service to particular buildings. These may include high rise buildings.

Heritage Council approval is required before pay television facilities can be installed at heritage listed properties.

In some areas, the local Council approval may be required before pay television facilities can be installed.

If a tenant lives in a building that has a body corporate, the body corporate’s approval must also be obtained.

In most cases obtaining heritage, local council and body corporate approval is the responsibility of the service provider.

2. Scope

This policy applies to all tenants living in properties owned and managed by FACS, including tenants of the Aboriginal Housing Office.

3. Policy statement

FACS tenants must apply for permission to install pay television facilities in their home.

Business rules

Written notice

If a tenant wishes to have pay television facilities installed, they or their potential service provider must first lodge their request in writing with their local Client Service team.

Tenants need to send FACS a letter or fill out a form at their local FACS Office. In the letter or form, they should list the name of the service provider they would like to subscribe to.

Alternatively, they can ask the service provider to write to FACS on their behalf.

Approval isn’t granted automatically. When the request is received, FACS will look at the rules affecting the installation of pay TV in the tenant's home and whether or not an Access Agreement currently exists between FACS and the tenant's chosen service provider.

FACS will also consider the possible impact for the tenant’s neighbours of allowing the installation and the number of antennas and dishes already on the building.

Once this is done, FACS will inform the tenant and/or the service provider in writing whether or not their request has been given “in principle” approval.

The service provider is then required to outline where the dish will be installed; if this is a new installation or are they using an existing dish; how they would cable common areas and any other relevant technical information/drawings.

Once this is received from the service provider, FACS will then evaluate the information and grant final approval if no local government, body corporate or other issues exist.

If approval is declined, FACS will explain the reasons for this decision in the letter.

It is up to the service provider and/or the tenant to resolve any local government, heritage or body corporate issues.

Tenants are not to allow the facilities to be installed until the service provider has received FACS' final written approval.

If FACS objects to the intended installation, they must advise the tenant and/or the service provider of the reasons for the objection in writing.

Relevant approvals

Most council’s regard a satellite dish as a structure which may require the lodgement of a Development Application with the local council.

There may also be specific council regulations affecting the installation of antennae in each local area. These are all issues the service provider will address as detailed in their agreement with FACS.

Permission to install pay television services in FACS properties cannot be approved where the service provider does not have an Access Agreement (except in the case of a person living in a freestanding cottage).

An Access Agreement is a signed agreement between FACS and a third party, setting out the requirements when accessing the properties.

Under the Agreements with service providers, the tenant or service provider can seek approval for an antenna or satellite dish to be installed, in order to access pay television services provided:

  • The service provider has obtained written permission from FACS;
  • The service provider has obtained all relevant approvals; and
  • The service provider complies with the terms of the Agreement.

Companies wishing to establish an Access Agreement with FACS can write to Legal Services at FACS , Locked Bag 4001 Ashfield BC 1800.

Heritage buildings

Some buildings are recognised as having special heritage value or are heritage listed.

FACS will assess these applications on a case by case basis because of their special heritage significance.

It is the responsibility of the service provider to meet all heritage requirements.

Satellite dishes and antennas

Generally a service provider cannot have more than one satellite dish, per building. In exceptional circumstances, LAHC may provide written approval for an additional satellite dish.

The satellite dish or antenna must be installed in a position, and at an angle, that has the least visual impact from the street.

An approved dish or antenna may only be installed on the roof of a building. Under no circumstances can a dish or an antenna, be installed on a balcony.

The size of satellite dishes should not exceed 600mm in diameter or have any exposed cables.

FACS’ absolute discretion

Like any landlord, FACS has the right to object to the installation of pay television facilities in a building if it believes for any reason that the facilities are not practicable or desirable.

At the request of FACS, the service provider must rectify or remove any installation of their facilities that are found to be in breach of any relevant law including Workcover, Australian Standards, Heritage Act or the Housing NSW Access Agreement.

Reception of existing services

It is the responsibility of service providers to ensure that the installation of its facilities does not interfere with, diminish, or affect the reception of other tenants services including:

  • Free to air television;
  • Existing cable television;
  • Radio;
  • Broadcast; or
  • Narrowcast.

Right to access common areas

Employees, contractors, agents and consultants who work for the service provider have the right to enter common areas in order to install, maintain or remove the company’s facilities providing they are carrying photo identification.

The company’s representatives may enter common areas between 8am – 6pm Monday to Friday.

Access after hours or outside Monday to Friday, the provision and return of any building keys for access are to be arranged through the relevant local FACS team.

Access to properties

A service provider must make an arrangement with their subscriber if they wish to retrieve any of their property from the subscriber’s home.

Apart from a freestanding cottage, the service provider will need to contact us FACS to arrange removing their equipment from the roof.

Costs

Pay television service providers are responsible for all costs associated with the installation of their facilities in a building.

Tenants who subscribe to pay television are responsible for paying their subscription fees to the company they have a subscription contract with.

FACS is not responsible to pay television service providers, or tenants, for any of the following:

  • Selling;
  • Installation;
  • Wiring;
  • Subscription;
  • Connection;
  • Maintenance;
  • Technical issues including quality of the reception;
  • Security of the installation;
  • Debt collection; and
  • Any compensation claims arising from the connection of pay television.

Damage

The contract between the service provider and their subscriber stipulates that the service provider is responsible for rectifying any damage to a property that is caused by the installation of its facilities.

The tenant should contact their service provider to repair any damage that occurs to their home as a result of the installation of pay television facilities.

This requirement is also stipulated in the Access Agreement between FACS and the service provider. If damage occurs to a building that has been centrally cabled, FACS will contact the service provider to ensure the damage is rectified as per the terms of the Access Agreement.

In the event that building maintenance work has to be undertaken on the roof which could affect the pay television service, FACS will generally provide 7 days advance notice for the service to be temporarily disconnected. However, there may be occasions where FACS may need to undertake urgent repair work and little or no notice is provided.

In both circumstances, FACS is not responsible for any of the associated costs to re-establish the service connection.

Ownership

Installed wiring and equipment is the property of the service provider.

Requests to install cable television where the installation of a dish or antennae is NOT required

Requests to install cable television requiring only a simple cable connection can be approved by a Client Service Team providing the tenant lives in a:

  • Cottage;
  • Townhouse that does not require central cabling; or
  • Villa that does not require central cabling.

Teams will refer all requests for installation of pay television in units to LAHC for approval.

4. Legislation and compliance

FACS manages its properties in accordance with the Housing Act 2001 and the Residential Tenancy Act 2010.

5. Related documentation

6. Further information

Appealing decisions or actions

If a tenant disagrees with a decision we have made, they are encouraged to speak to their Client Service Officer to seek a resolution of those concerns. The next step, if they still believe an incorrect decision was made, is to ask for a formal review of the decision.

For specific information on reviews, the tenant can ask a Client Service Officer for a copy of the fact sheet appeals and reviewing decisions, or read the Client Service Delivery and Appeals Policy.

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