{"id":"F2020L01228","name":"Telecommunications (Nominated Service Area and Statutory Infrastructure Provider) Declaration 2020","slug":"telecommunications-nominated-service-area-and-statutory-infrastructure-provider-declaration-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":113611,"registerId":"commonwealth-F2020L01228-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Telecommunications (Nominated Service Area and Statutory Infrastructure Provider) Declaration 2020.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

The day after this instrument is registered

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsection 360K(4) of the Telecommunications Act 1997.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) nominated service area;\n (b) statutory infrastructure provider;\n In this instrument:\n\n> Act means the Telecommunications Act 1997.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Nominated service areas and statutory infrastructure providers","content":"#### 5 Nominated service areas and statutory infrastructure providers\n\n For the purposes of subsection 360K(4) of the Act:\n (a) subsection 360K(3) of the Act does not apply to each nominated service area specified in column 1 of the table in this section; and\n (b) the carrier specified in column 2 of that table is the statutory infrastructure provider for the nominated service area specified in column 1 for that item.\n\n> Note: Section 360J and subsection 360K(3) of the Act together provide that if, immediately before the commencement of that section, a carrier licence held by a carrier was subject to certain declarations in relation to a development area (within the meaning of those declarations), the development area is a nominated service area, and the carrier is the statutory infrastructure provider for the nominated service area. Subsection 360K(4) of the Act provides for the Minister to declare that a different specified carrier is the statutory infrastructure provider for the nominated service area.\n\n```html\n

Nominated service areas and statutory infrastructure providers for the purposes of subsection 360K(4)

Item

Column 1

Nominated service area to which subsection 360K(3) does not apply

Column 2

Carrier that is the statutory infrastructure provider for the nominated service area

1

Elements Retirement Living

Dennis Road,

Springwood QLD 4127

LBN Co Pty Ltd

2

Kelvin Grove Urban Village

Kelvin Grove QLD 4059

LBN Co Pty Ltd

3

Little Bay Estate

Little Bay NSW 2036

LBN Co Pty Ltd

4

‘Forte’ residential apartment complex

807 – 811 Bourke Street

Docklands Victoria 3008

OptiComm Ltd

5

‘EXO’ residential apartment complex

55 Merchant Street

Docklands Victoria 3008

OptiComm Ltd

6

‘Serrata’ residential apartment complex

815 Bourke Street

Docklands Victoria 3008

OptiComm Ltd

7

‘Convesso’ residential apartment complex

8 Waterside Place

Docklands Victoria 3008

OptiComm Ltd

8

‘Concavo’ residential apartment complex

9 Waterside Place

Docklands Victoria 3008

OptiComm Ltd

\n```\n\n> Note: The nominated service areas in items 1 to 3 of the table in this section correspond to the development areas of the same name specified in Schedule 1 to Carrier Licence Conditions (Pivit Pty Ltd) Declaration 2013 as in force immediately before the commencement of section 360J of the Act, which could, at the time this instrument was made, be found at [https://www.legislation.gov.au/Details/F2018C00307](https://www.legislation.gov.au/Details/F2018C00307).\n\n> Note: The nominated service areas in items 4 to 8 of the table in this section correspond to development areas of the same name specified in Carrier Licence Conditions (NT Technology Services Pty Ltd) Declaration 2014 as in force immediately before the commencement of section 360J of the Act, which could, at the time this instrument was made, be found at [https://www.legislation.gov.au/Details/F2014L00490](https://www.legislation.gov.au/Details/F2014L00490).\n\n> Note: The geographic area of each nominated service area is the area specified for the corresponding development area in the relevant carrier licence condition declaration.","sortOrder":4}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the function contemplated by its enabling provision (subsection 360K(4) of the Telecommunications Act 1997). It is a targeted, site-specific declaration that substitutes one statutory infrastructure provider for another in named developments. There is no expansion beyond the original legislative purpose."},"complexity_factors":["Very short instrument (5 sections, approximately 2 pages of substantive content)","Only 2 defined terms ('Act', plus references to defined terms in the parent Act)","Single operative provision (section 5) with straightforward tabular structure","No nested conditions, exceptions, or cross-references beyond the enabling provision (subsection 360K(4))","Purpose is purely administrative: mapping specific addresses to specific carriers","Extensive notes explain context but are not legally operative"],"plain_english_summary":"This ministerial declaration overrides the usual automatic assignment of statutory infrastructure provider for eight specific apartment and retirement‑village developments in Queensland, New South Wales and Victoria, appointing LBN Co and OptiComm as the entities legally responsible for those networks. It affects residents, the newly appointed providers, and the original carriers, and ensures continuity of maintenance and service obligations so networks aren’t left unsupported."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument alters the default allocation under subsection 360K(3) by disapplying that subsection for listed nominated service areas and designating particular carriers as the statutory infrastructure providers for those areas (see section 5). It therefore changes which carrier bears the statutory infrastructure role and associated rights/obligations for the specified development areas (authority: subsection 360K(4) as noted in section 3)."},"complexity_factors":["Cross-references to the Telecommunications Act 1997 (authority under subsection 360K(4)) and to section 360J/360K(3) create reliance on understanding statutory default rules (see ss 3 and 5).","Relies on external carrier licence condition declarations for geographic scope (notes referencing Pivit Pty Ltd and NT Technology Services declarations), so readers must consult those documents to map exact boundaries.","Narrow, discrete list of named sites (Items 1–8) limits scale but requires precise identification of properties and carriers in the table (section 5 table).","Low procedural complexity: commencement is straightforward (commences the day after registration — section 2 table).","Low ongoing regulatory discretion: the instrument is a declaratory exercise rather than a standards-setting rule, but it changes legal rights and obligations for designated carriers (section 5).","Compliance/operational impacts are concentrated on the designated carriers and operators of the listed developments, who bear infrastructure delivery and contractual negotiation tasks (section 5)."],"plain_english_summary":"This instrument names specific development sites as nominated service areas and declares particular carriers to be the statutory infrastructure providers for those areas, using the Minister’s power under subsection 360K(4) of the Telecommunications Act 1997. It affects the listed carriers (for example LBN Co Pty Ltd and OptiComm Ltd) and the developments in the table by changing which carrier holds infrastructure rights and obligations. This matters because it alters who must install and manage telecommunications infrastructure and who other carriers must deal with when seeking access."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-nominated-service-area-and-statutory-infrastructure-provider-declaration-2020","history":"/api/acts/telecommunications-nominated-service-area-and-statutory-infrastructure-provider-declaration-2020/history","analysis":"/api/acts/telecommunications-nominated-service-area-and-statutory-infrastructure-provider-declaration-2020/analysis","conflicts":"/api/acts/telecommunications-nominated-service-area-and-statutory-infrastructure-provider-declaration-2020/conflicts","importantCases":"/api/acts/telecommunications-nominated-service-area-and-statutory-infrastructure-provider-declaration-2020/important-cases","documents":"/api/acts/telecommunications-nominated-service-area-and-statutory-infrastructure-provider-declaration-2020/documents"}}