Pay TV Satellite Dishes and Antennas Policy

1. Background

The installation of pay television may require structural changes to a building.  Under the NSW Residential Tenancy Act, 2010, tenants, including those living in NSW Land and Housing Corporation (LAHC) properties, must seek approval from their landlord before undertaking any structural change.

2. Scope

This policy applies to tenants living in properties owned by NSW Land and Housing Corporation (LAHC) where tenancies are managed by the Department of Communities and Justice (DCJ).

3. Policy statement

Tenants may not install pay television services that require structural change to their dwelling without first receiving written approval from LAHC.

Once installed, LAHC is not responsible for any installation, disconnection, subscription, security of installation, maintenance, technical, reception quality or billing problems. Tenants must deal directly with their service provider if experiencing problems. Under no circumstances will LAHC sign or enter into individual pay television subscription contracts on behalf of a tenant.

Business rules

Written notice

Installation requests must be in writing and include the service provider’s details and type of facility they wish to install.

Approval isn’t granted automatically. When the request is received, LAHC will consider a range of matters including how the proposed installation will impact the tenant's home and in multi-dwelling complexes, the number of existing antennas and dishes that may already be installed on the building.

LAHC 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 provide installation details to LAHC that include the proposed location of the dish or whether they will use an existing dish and how they propose to cable common areas as well as any other relevant technical information and drawings.

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

Should LAHC decline the installation request at this stage, written advice will be sent to the tenant and/or service provider.

Relevant approvals

Local council approval such as a Development Application may be required before pay television facilities can be installed. 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 and detail in their proposal.

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 local council and body corporate approval is the responsibility of the service provider.

Access Agreement

LAHC also requires the service provider enter and adhere to the requirements of an Access Agreement with LAHC. The Agreement details the requirements that must be followed when accessing LAHC properties.

In summary before pay television services can be secured:

• The service provider must obtain written permission from LAHC
• The service provider must enter an Access Agreement with LAHC and obtain all other necessary approvals and
• The service provider must comply with the terms of the Agreement.

Companies wishing to establish an Access Agreement with LAHC can write to Legal Services at HAPLegalInbox@dpie.nsw.gov.au.

Heritage buildings

Some LAHC buildings are heritage listed or are of special heritage value. In these instances Heritage NSW approval may also be required.  It is the responsibility of the service provider to obtain Heritage NSW approval and meet all heritage requirements.

Satellite dishes and antennas

Generally a service provider cannot install 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 or on the side of a building.  The size of satellite dish should not exceed 600mm in diameter or have any exposed cables.

LAHC absolute discretion

LAHC has the right to object to the installation of pay television facilities if of the opinion that the facilities are not practicable or desirable. At the request of LAHC, the service provider must also rectify or remove any installation that breaches any relevant law including SafeWork NSW, Australian Standards or the Heritage Act.

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 tenant’s services including:

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

Right to access common areas

Employees, contractors, agents and consultants of 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.

Should after-hour access or building keys be required these are to be arranged through the relevant local DCJ office.

Access to properties

The service provider will need to contact LAHC to remove equipment from a roof.

Costs

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

LAHC 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
• Any compensation claims arising from the connection of pay television.

Damage

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. If damage occurs to a building that has been centrally cabled, the service provider must rectify as per the terms of the Access Agreement.

In the event that building maintenance work has to be undertaken on a roof which could affect the pay television service, LAHC will generally provide 7 days advance notice before the service is temporarily disconnected. However, should urgent repair work be required then notice may not be possible. In both circumstances, LAHC is not responsible for any of the associated costs to re-establish the service connection.

Ownership

Installed wiring and equipment are 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 DCJ providing the tenant lives in a:

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

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

4. Legislation and compliance

LAHC maintain the properties and DCJ Housing manage the tenancies in accordance with the Housing Act 2001 and the Residential Tenancies Act 2010.

5. Related documentation

• Television Antenna Service Policy
• Alterations to a Home Policy
• Alterations to Homes Policy Supplement
• Tenant Repair Costs Policy

6. Further information

Appealing decisions or actions

Should a tenant disagree with a decision, they can contact their Client Service Officer in an effort to seek a resolution. If an agreement cannot be reached then a formal review of the decision is available. Please see the Appeals and Reviewing Decisions fact sheet, and the Appeals Policy for further information.