The purpose of this document is to explain the policy for Pay TV Satellite Dishes and Antennas. This includes social housing, affordable housing, and transitional housing.
Housing Plus will start a tenancy in accordance with:
Both the client and Housing Plus have rights and obligations under the above Acts, the residential tenancy agreement and this policy.
Term: Tenancy Agreement
Definition: The Residential Tenancies Act 2010(NSW) (the RT Act 2010) defines a residential tenancy agreement as ‘an agreement under which a person grants to another person for value a right of occupation of residential premises for the purpose of use as a residence’ (section 13(1))
Housing Plus “acknowledges” and has elected to adopt the Housing NSW policy in relation to the installation of Pay TV therefore the following policy and practices must be applied to the assessment and management of pay TV installations. Installing pay television facilities requires structural changes to be made to the building.
Clients must first seek written approval from us if they wish to have pay television facilities installed in any Housing Plus property.
An application generally can only be considered in the types of properties noted above if a signed agreement setting out Housing Plus’s requirements for access to our properties, exists between us and the company providing the service the client wishes to access (except freestanding cottages). This is known as an “Access Agreement” and an example of such an agreement would be that which would be developed between Housing Plus and a service provider like Austar.
Housing Plus has negotiated an Access Agreement with the pay TV service providers in the areas we operate in. The client is responsible for arranging their contracts and the cost of subscribing to pay television. Housing Plus is not responsible for any installation, disconnection, subscription, security of installation, maintenance, technical, and quality of reception or billing problems. Clients must deal directly with the company they subscribe to if they experience any problems with their pay television service.
Under no circumstances will Housing Plus sign or enter into individual pay television subscription contracts on behalf of a client. Clients cannot allow the installation of pay television services without first ensuring that written approval has been provided by Housing Plus. As the popularity of pay television grows and the number of service providers increases, Housing Plus 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.
If a client 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.
If a client wishes to have pay television facilities installed, they or their potential service provider must first lodge their request in writing with their local Housing Plus Office. Clients need to send us a letter or fill out a form at their local Housing Plus Office. In the letter or form, they should list the name of the service they would like to subscribe to. Alternatively, they can ask the service provider to write to us on their behalf.
Approval isn’t granted automatically. When the request is received, we will look at the rules affecting the installation of pay TV in the clients home and whether or not an Access Agreement currently exists between Housing Plus and the clients chosen service provider. We will also consider the possible impact for the client’s neighbours of allowing the installation and the number of antennas and dishes already on the building. Once this is done, we will inform the client 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, we will then evaluate the information and grant final approval if no local government, body corporate or other issues exist. If approval is declined, we will explain the reasons for this decision in the letter.
It is up to the service provider and/or the client to resolve any local government, heritage or body corporate issues. Clients are not to allow the facilities to be installed until the service provider has received our final written approval. If Housing Plus objects to the intended installation, we must advise the client and/or the service provider of the reasons for the objection in writing.
Most council’s regards 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 us.
Permission to install pay television services in Housing Plus properties cannot be approved where the service provider does not have an Access Agreement with Housing Plus (except in the case of a person living in a freestanding cottage). An Access Agreement is a signed agreement between Housing Plus and a third party, setting out the requirements when accessing our properties.
Under the Agreements with service providers, the client or service provider can seek approval for an antenna or satellite dish to be installed, in order to access pay television services provided:
Some buildings are recognised as having special heritage value or are heritage listed. Housing Plus 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.
Clients who live in Leasehold properties must apply for approval to install pay TV in the same manner as other clients. Staff will notify the owner or agent of the leasehold property of such applications for approval for the installation of pay TV and obtain a written decision of which will be communicated in writing to the client. In some cases, the owner or landlord may not grant approval to clients in leasehold properties and in these cases, the owner or Landlords decision is final and can not be appealed.
Generally a service provider cannot have more than one satellite dish, per building. In exceptional circumstances, Housing Plus 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. There also should not be exposed cables.
Like any landlord, Housing Plus 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 our request, 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 Plus Access Agreement.
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 clients’ services including:
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 Housing Plus team.
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 the local office to arrange removing their equipment from the roof.
Pay television service providers are responsible for all costs associated with the installation of their facilities in a building. Clients who subscribe to pay television are responsible for paying their subscription fees to the company they have a subscription contract with.
Housing Plus is not responsible to pay television service providers, or clients, for any of the following:
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 client 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 Housing Plus and the service provider. If damage occurs to a building that has been centrally cabled, Housing Plus 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, Housing Plus will generally provide advance notice for the service to be temporarily disconnected. However, there may be occasions where we may need to undertake urgent repair work and little or no notice is provided. In both circumstances, Housing Plus is not responsible for any of the associated costs to re- establish the service connection.
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.
Customer Service staff will refer all requests for installation of pay television in units to the Head of Customer Service for approval.
If a client disagrees with a decision we have made, they are encouraged to speak to their Tenancy 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.
In this case, the matter will be referred for review in accordance with the Housing Plus Complaints and Appeals Policy.
Last updated – November 2018
Housing Plus is a progressive social enterprise that re-invests ALL profits back into improving social outcomes for individuals and communities in regional NSW. Housing Plus is a registered not-for-profit company limited by guarantee, and is a Tier 1 accredited community housing provider.
Suite 8, Level 2, 113 Byng Street
Orange NSW 2800
PO Box 968 ORANGE NSW 2800
Phone: 1800 603 300
Fax: (02) 6361 1609