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A collective antenna can be part of the common property of the apartment building or private property

Back in mid-2020, the Ministry of Construction of the Russian Federation provided clarification on how the management organization has the right to reflect in payment documents the fee for a collective antenna installed in a house - a collective television reception system (CTRS). The department expressed its position in letter dated July 13, 2016 No. 21928-АЧ/04.

The antenna installed in the apartment building meets the characteristics of the common property of the owners: it includes mechanical, electrical, sanitary and other equipment located in an apartment building outside or inside the premises and serving more than one residential/non-residential premises (clause 3 of Part. 1, Article 36 of the RF Housing Code, paragraph “e”, paragraph 2 of the RF PP No. 491).

According to clause 8 of RF PP No. 491, systems for collective reception of television programs, including cable television networks and fiber optic networks, belong to information and telecommunication networks.

However, the question of whether an antenna is part of the common property of an apartment building is not resolved unambiguously. There are several situations. If antenna is installed:

1. When a house is put into operation, it is included in the common property of the owners, provided that it was equipped with an SKPT during construction (in accordance with the design documentation).
2. During its operation, based on the decision of the general meeting of premises owners, the equipment is also part of the common property in the apartment building.
3. At the initiative and at the expense of individual owners of premises in such a building or a telecom operator as equipment for the provision of communication services to subscribers under concluded contracts, SKPT is not part of the OI in an apartment building.

How the fee for its maintenance and repair will be reflected in the payment document for housing and communal services sent by the management office to residents depends on whether the antenna belongs to common property.

On the rules of residence and installation of equipment in apartment buildings
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Debt for cable TV

Hello, please tell me what to do in this situation.

The essence of the problem: In 2003, we connected to cable television (agreement, connection act dated May 23, 2003)

They paid until 2004, then they stopped paying. Our cable television was disconnected for non-payment (they did not provide a disconnection certificate) in 2006 (they came and cut off the cable)

On October 30, 2007, we received a claim offering voluntary repayment of debt for the period from November 24, 2004 to October 30, 2007 in the amount of 1,906.85. The debt was paid on November 22, 21007 in the amount of 1906.85.

They did not reconnect to SKT services and did not apply to Novotelecom CJSC for the provision of these services. The contract was not terminated.

Since January 2010, the Novotelecom line has appeared in apartment receipts. From January to June, the debt was marked at 0 rubles. In July, the amount of debt at the beginning of the month suddenly appeared in the amount of 8862 and the accrual for the month was 219.

They called and asked to sort it out. Answer: you did not terminate the contract. We: the contract states that a subscription fee is charged for using the services. No use of services - no subscription fee.

They asked to sort it out, but the charges continued to arrive until November 2011.

On March 14, 2012, a copy of the court order dated December 21, 2011 was received for the collection of debt in favor of Novotelecom CJSC for services rendered for the period from March 3, 2006 to November 30, 2011 in the amount of 12,982 rubles, and state fees of 259 rubles. 64 kopecks

Conclusion:

1. Article 195 of the Civil Code of the Russian Federation was violated; the limitation period for debts is three years. In our case, the debt is billed for the period from 03/03/2006 to 30/11/2011.

2. Debt calculation was not provided.

3. No invoices were issued for the provision of services.

4. No demands or notifications of existing debt were provided.

5. Debt terms are being imposed. The first time from November 24, 2004 to October 30, 2007 in the amount of 1906.85. The second time from 03.03.2006 to 30.11.2011 in the amount of 12982 rubles.

6. Should we pay for services we haven't received since 2006? Novotelecom, hiding behind the communications law, continued to charge subscribers whom they themselves actually disconnected, like me, by cutting off the cable.

The Communications Law states that a service contract cannot be terminated unilaterally. However, on the basis of the same law on communications, companies such as NGTS and Internet providers operate. You stop paying them and they just turn you off, i.e. the service is not provided, but no fee is charged.

The provision of services with deferred payment is not provided for in the contract. Therefore, if the subscription fee is not paid, services should not be provided. If the operator provided them contrary to the contract, they are not subject to payment. (Clause 3 of Article 16 of the Law on the Protection of Consumer Rights.)

According to the requirements of the legislation on PPP - no payment, no service. And in the opposite direction: no service, no payment. I believe that it is unnecessary to prove anything to anyone about the fact that I haven’t used the services all these years, it’s unnecessary: ​​the principle of the presumption of innocence has not yet been abolished in our country. It’s not up to me to prove that they didn’t use it, that I used it.

7. Wrote an application to cancel the court order dated December 21, 2011

Remember

A collective antenna, if it is part of the common property of the owners, is the area of ​​responsibility of the management company/homeowners association. At the same time, the management organization cannot charge additional fees for its maintenance or repairs. Residents of apartment buildings pay for television broadcasting to the telecom operator - the owner of the equipment, but only if they have entered into an appropriate agreement for the use of the service.

As the Ministry of Construction of the Russian Federation noted in a letter, the owner has the right to refuse to provide television broadcasting services and not to use SKPT at his own discretion. At the same time, he cannot fail to pay for the maintenance and repair of the antenna included in the OI of the house.

Sample application to Rostelecom to disconnect the antenna

It is possible to disable the Rostelecom antenna via the Internet. To do this, you need to go to the official website and complete all the proposed operations. To register, you must log in and go to your personal account. You must first make scans of two pages of your passport and a certificate of no debt and send them.

How to disable the antenna and remove it from your payment receipt

• Last name, first name and patronymic of the applicant
• Address of the apartment to which the antenna is installed
• Your contact phone number where you can be contacted if any questions arise
• If you are a tenant, be sure to indicate this point
• Please indicate “termination of contract” as the purpose of your request.
• If you live in a dormitory or there is a lock on the vestibule door, then indicate this too
• At the end of the application write the date and your signature

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In the houses in question, subscribers receive a television signal from Mosgorteleset, retorts Alexey Osipov. Mosgorteleset has built fiber-optic communication lines in every home and installed the necessary equipment - Rostelecom equipment is not used to transmit signals to subscribers, he claims.

Who services the television antenna at

1. In the “Electronic Reception” menu, you need to familiarize yourself with the rules for submitting an application and only then proceed directly to filling it out.
2. In the form that opens, you will need to fill in all fields.
3. Attach scanned documents:

• a free-form application for refusal of public television broadcasting services;
• passport;
• payment document confirming debt repayment (if available).

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Reasons for disconnecting the antenna

A collective television antenna is installed in every residential apartment building. Its task is very simple - to provide the residents of this house with a television signal. This pleasure is not free. For a collective antenna you have to pay, although not much, but still a fee. It varies in different regions. The amount for using a shared TV antenna is included in utility bills. Very rarely, a receipt for maintenance and provision of services via a collective antenna comes as a separate receipt.

To refuse, write a statement to the person who maintains the collective television antenna at the address of your residence - the management organization, HOA, etc. It’s better to start with a phone call in order to find out in advance what documents to come with to formalize the refusal. In general, the procedure is as follows:

Who maintains public antennas?

Each apartment is initially equipped with a cable that is connected to a common collective antenna installed on the roof. Using this antenna, TVs receive a signal that provides a certain number of channels. The number of channels and their prices vary in different regions.

How to refuse a collective antenna?

Among the main advantages of this service, we should highlight the ability to activate several TVs at one address without paying extra. The Rostelecom antenna is an outdated option for watching TV channels.

• A collective TV antenna on the roof of a high-rise building is simply the joint property of the residents, along with stairwells, pipes in the basement and benches near the entrance. Well, material property needs to be maintained, and there will be corresponding expenses.
• The housing office, or in modern terminology - the management organization, does not know whether you still use a common house antenna, have switched to cable TV, or you have not had a TV for a long time, since you get the necessary information from the Internet. Until you officially abandon the antenna, you are formally considered its user.

Very rarely, a receipt for maintenance and provision of services via a collective antenna comes as a separate receipt. Residents of our region contact us by phone and e-mail with a variety of questions on the subject of television and radio broadcasting, and not just broadcasting. Of course, we try, to the best of our ability and capabilities, to answer all, and sometimes quite difficult, questions from our television viewers and radio listeners.

How do I find out which organization services my antenna?

1. Call the housing office (management organization) and find out what documents you need to provide in order to refuse the collective antenna.
2. Pay off the current debt for the services of a common house antenna.
3. With a receipt for payment, a passport and, if necessary, documents for the apartment, go to the person who maintains the antenna in the apartment building. This is probably the management organization itself, but it is possible that a specialized utility company operates in the city.
4. Having provided documents proving that you are indeed a tenant of this apartment, write a formal refusal of the antenna.

Switching the antenna to Rostelecom

If we talk about the advantages of receiving television via a collective antenna, we can note the affordable cost of such broadcast packages of TV channels, the availability of this technology, as well as the absence of the need to purchase any decoders and other equipment to watch TV channels on the TV screen.

Digital television can be of different standards accepted in the world: DVB-2, ISDB, ATSC. The DVB-2 standard, which is the most common in Europe, is used in most countries of the former Soviet Union.

Note that digital television became possible due to a certain technology for transmitting sound and image using a digital signal. There are several options for transmitting a television signal: through a satellite dish and satellite (satellite TV); via cable (cable TV); via a digital signal (digital TV).

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Advantages of digital television

Digital television continues to develop at a rapid pace in the vast expanses of the former Soviet Union. Digital television provides completely new opportunities for watching already favorite television channels and also new television channels.

Since public access antennas are part of the building design, that is, in fact, common property, they must be maintained by the management organization, HOA or responsible persons from the building council. So, if you don’t know which company services the television antenna at your residential address, find out who services the rest of the common property.