An informal meeting was held on Monday 14 December 2015 to establish and understand the position of each of the parties attending the meeting in relation to infrastructure upgrades, and to achieve a resolution. A representative from each of Pivit, Foxtel, Urban Growth (formerly Landcom), and Dynamic Property Services, as well as two Community Association Executive Committee members attended the meeting.
At the end of the meeting, no resolution had been reached, with the positions of the parties as follows:
- Pivit owns the infrastructure and are responsible for updating and maintaining it. However, Pivit believes this arrangement is no longer commercially viable for them and has requested Foxtel to pay for the most recently required upgade. Pivit indicated that it would have to shut down that part of the system that delivers Foxtel if the upgrade work was not carried out at Foxtel’s cost.
- Foxtel indicated it could not upgrade infrastructure that is owned by another party due to legal, commercial, and liability concerns that may arise at Little Bay and other similar sites. Foxtel’s contract with Pivit states that the owner of the infrastructure must maintain and update the infrastructure as necessary. Foxtel also indicated it may enforce that particular clause of the contract with Pivit, as the owner of the infrastructure and therefore responsible for that work.
- The Community Association (CA) stated its clear position of having no interest in levying Prince Henry owners to fund infrastructure upgrades and maintenance, and could not do this in any case as the infrastructure is not CA property. The CA also made clear it has no interest in accepting all or part ownership of the telecommunications infrastructure for the following reasons:(a) the CA has no expertise in this area and therefore no desire to own and be responsible for telecoms infrastructure
(b) an amendment to the Management Statement would be necessary, which would be require a series of general meetings and special resolutions.
The CA has stated it will continue its efforts to encourage Pivit to carry out its contracted responsibilities to Prince Henry residents by liaising with local and state members of parliament, as well as with Urban Growth (formerly Landcom).