Consultation on possible amendments to telecommunications carrier powers and immunities

The Australian Government is seeking comments on possible amendments to telecommunications carrier powers and immunities.

We need your feedback on proposals from telecommunications carriers to amend the Telecommunications (Low-impact Facilities) Determination 1997, the Telecommunications Code of Practice 1997 and potentially, Schedule 3 to the Telecommunications Act 1997 (the Act). The Government is seeking community feedback on the proposals to assist it in deciding on the way forward.

To help provide better telecommunications services more quickly and cost effectively, telecommunications carriers have powers and immunities under Schedule 3 to the Act. These powers and immunities help them install and maintain telecommunications network facilities.

Most aspects of carrier powers and immunities have been in place since 1997. Since then, communications technologies have evolved rapidly, and demand for services and data has increased dramatically.

Telecommunications carriers have proposed that powers and immunities should be amended to reflect new technologies and work practices and reduce regulatory costs. The proposed changes will ensure that carriers can better meet the needs of consumers at lower cost. They would clarify the operation of some existing powers and immunities, allow some new types of facilities, make changes to some existing facility types, and streamline land owner notification and objection rules.

Where carrier powers and immunities do not cover current technologies and work practices, carriers are typically required to seek planning approval for their activities under differing state and territory planning laws. These approval processes can significantly increase the time and costs for carriers to install facilities that are important for improving telecommunications services to the community and businesses.

Background information:

• Media release
• Telecommunications Act 1997