NBN Rollout to roll past State and Local Government Planning Approvals

Telecommunication carriers may soon be able to install a greater variety of telecommunication infrastructure for the National Broadband Network (NBN) without being subject to a number of state and local government laws, including planning approvals. These changes are proposed by the Federal Government through amendments to the Telecommunications (Low-impact Facilities) Determination 1997 (Determination) and the Telecommunications Regulations 2001 (Regulation), and are designed to facilitate the timely and efficient rollout of the NBN.

The proposed changes are open for public comment until 7 September 2011.

What changes are proposed?

Under the current Determination, certain telecommunication facilities classed as 'low-impact facilities' may be installed by carriers without state or local government approval. Currently overhead cabling is not covered as a low-impact facility and the Minister has no power to include overhead cabling of greater than 13mm within the Determination. The changes to the Determination and Regulation propose to:

• raise the restriction on the Minister's power to include overhead cabling within the Determination from 13mm to 30mm
• include overhead cabling (up to 30mm) within the Determination
• include twelve new low-impact facilities within the Determination including building connection equipment, in-building network equipment, underground optical fibre access terminals, network termination units and power supplies.

Generally, these additional powers and immunities will only be available to a carrier if the facilities are, or are intended to be, part of the NBN.

Why are these changes proposed?

The proposed changes are designed to facilitate the rollout of the NBN. The inclusion of the additional low-impact facilities is designed to enable NBN carriers to:

• deploy broadband cabling along streets
• connect premises to the NBN
• locate equipment in multi-unit buildings

without first obtaining state or local government approvals. Carriers would however still be required to comply with the requirements applying to a carrier installing low-impact facilities under the Telecommunications Act 1997 (Cth), including notifying the property owner and occupier of its intention to install the facilities.

How can I find out more information and make a submission?

A Discussion Paper regarding the proposed changes to the Determination and Regulation is available at http://www.dbcde.gov.au/lifdchanges.

The closing date for submissions in relation to the proposed changes isWednesday 7 September 2011. Submissions should be sent to:

Manager, Carrier Powers and Immunities
NBN Implementation Division
Department of Broadband, Communications and the Digital Economy
Email: LIFD@dbcde.gov.au
Post: GPO Box 2154, Canberaa ACT 2601

Please contact a member of our team if you have any questions, or you wish to make a submission and require assistance in its preparation.

Prue Burns| Partner
Direct 61 2 8223 4106
prue.burns@maddocks.com.au

Stan Kondilios | Partner
Direct 61 2 8223 4102
stan.kondilios@maddocks.com.au

Patrick Ibbotson | Partner
Direct 61 2 8223 4169
patrick.ibbotson@maddocks.com.au

Brendan Coady | Partner
Direct 61 2 9225 6258
brendan.coady@maddocks.com.au

James Smart | Partner
Direct 61 3 9288 0632
james.smart@maddocks.com.au