Simplified outline of Chapter 3Division 3 of Schedule 3 to the Telecommunications Act 1997 authorises a carrier to enter on land and install facilities, including a subscriber connection.This Chapter sets out conditions to be complied with by a carrier in installing a subscriber connection.The Chapter has 7 Parts.The Parts deal with the following matters: Part 1 — introduction Part 2 — conditions in the Act for carrier conduct Part 3 — additional carrier conditions Part 4 — installing a subscriber connection underground: no third parties Part 5 — installing a subscriber connection underground: third parties Part 6 — Director of National Parks and Environment Secretary Part 7 — general notification arrangements.
3.1 Purpose of Chapter 3
(1) Under the Act, if a carrier engages in, or proposes to engage in, a subscriber connection activity, the carrier must comply with:
(2) Part 2 and Division 2 of Part 7 set out some of the carrier conditions in the Act, in simplified form, to assist the reader of the Code.
(3) Parts 3 to 6, and the other Divisions of Part 7, set out the Code conditions.
3.2 Subscriber connection activity
A subscriber connection activity of a carrier is any of the following activities:
(a) installing a subscriber connection;
(b) carrying out an activity for purposes in connection with the installation of a subscriber connection.
Note on definitionsA number of words and expressions used in this Chapter are to be found in the dictionary in the Schedule, including: ACMA (the Australian Communications and Media Authority) aerial cabling carrier Director of National Parks environment Environment Secretary industry standard installation listed international agreement subscriber connection.
Note Part 2 is provided for information only: see subsection 3.1 (2). The provisions of the Act should be consulted to decide rights and obligations.
3.3 Carrier to do as little damage as practicable
In engaging in a subscriber connection activity, a carrier must take all reasonable steps to ensure that the carrier causes as little detriment and inconvenience, and does as little damage, as is practicable.
3.4 Carrier to restore land
(1) If a carrier engages in a subscriber connection activity in relation to any land, the carrier must take all reasonable steps to ensure that the land is restored to a condition similar to its condition before the activity began.
(2) The carrier must take all reasonable steps to ensure that the restoration starts within 10 business days after the completion of the activity.
3.5 Management of activities
A carrier must, in connection with carrying out a subscriber connection activity, take all reasonable steps:
3.6 Agreements with public utilities
(1) If a subscriber connection activity of a carrier is likely to affect the operations of a public utility, the carrier must make reasonable efforts to enter into an agreement with the utility that makes provision for the manner in which the carrier will engage in the activity.
3.7 Compliance with industry standards
A carrier must engage in a subscriber connection activity in accordance with any standard that:
Note 2 An example of a standard is a relevant standard or code under Part 6 of the Act.
3.8 Compliance with listed international agreements
A carrier must engage in a subscriber connection activity in a manner consistent with Australia’s obligations under a listed international agreement relevant to the activity.
3.9 Notice to roads authorities, utilities etc
(1) Before engaging in an activity mentioned in subclause 19 (1) of Schedule 3 to the Act as part of a subscriber connection activity, a carrier must give written notice of its intention to do so to the person or authority responsible for the care and management of the thing affected by the activity.
(2) However, the carrier is not required to give the notice in a circumstance mentioned in subclauses 19 (2) and (3) of Schedule 3 to the Act.
3.10 Records for certain facilities
(1) If a carrier owns or operates designated overhead lines, the carrier must keep and maintain records of the kind and location of the lines.
(2) If a carrier owns or operates telecommunications transmission towers, the carrier must keep and maintain records of the kind and location of the towers.
Note See Act, Schedule 1, clause 41, which defines the terms designated overhead line, telecommunications transmission tower and eligible underground facility.
3.11 Best practice
(1) In engaging in a subscriber connection activity, a carrier must ensure that the design, planning and installation of facilities (the carrier’s facilities) is in accordance with best practice.
(3) However, if there is no code or standard in force for the activity, best practice is conduct regarded by people constructing facilities substantially similar to the carrier’s facilities as using the best available design, planning and location practices to minimise the potential degradation of the environment and the visual amenity associated with the facilities.
3.12 Noise
(1) In engaging in a subscriber connection activity at any time between 10 pm and 7 am, a carrier must not make noise at a level greater than the level of noise allowed to be made at that time under State or Territory law applying to similar activities carried out by a person other than a carrier.
(2) However, if there is no level of noise applying under State or Territory law for that time, the carrier must not make noise that is audible by a person in a nearby home or business unless the carrier is allowed to make the noise under an agreement with the relevant local government body.
3.13 Co-location
(1) Before engaging in a subscriber connection activity, a carrier must take all reasonable steps to find out whether any of the following things (existing facilities) is available for the activity:
(a) cabling, conduits or other facilities of the carrier or another carrier; or
(b) a facility of a public utility; or
(c) an easement attaching to the land for a public purpose.
(2) The carrier must take all reasonable steps to use existing facilities for the activity.
3.14 Cooperation about activities
Before engaging in a subscriber connection activity, a carrier (the first carrier) must take all reasonable steps:
(a) to find out whether another carrier, or a public utility, is engaging in, or proposing to engage in, a similar activity for the same land; and
(b) to consider whether it is practicable to work with the other carrier or the utility to allow the first carrier:
(i) to cause as little detriment and inconvenience as is practicable; and
(ii) to do as little damage as is practicable.
Note The carrier is required to take all reasonable steps to ensure that the carrier causes as little detriment and inconvenience, and does as little damage, as practicable in engaging in the activity: see Act, Schedule 3, clause 8.
3.15 Compliance with standards and codes
A carrier must engage in a subscriber connection activity in accordance with any standard or code under Part 6 of the Act applying to the activity.
Note Section 3.15 complements section 3.7, which deals with complying with standards to reduce a risk to the safety of the public.
3.16 Height of subscriber connections
(1) A carrier must ensure that the minimum height of a subscriber connection from the ground complies with this section.
(2) If a standard or code under Part 6 of the Act applying to the activity specifies the minimum height of a subscriber connection, the minimum height of the connection must comply with the standard or code.
(3) If no standard or code specifies the minimum height of a subscriber connection for an area in which there is no vehicle traffic, the minimum height of the connection must be 2.4 metres.
(3) If no standard or code specifies the minimum height of a subscriber connection for a driveway not normally used by a vehicle regarded as a tall commercial vehicle, the minimum height of the connection must be 3.7 metres.
(4) If no standard or code specifies the minimum height of a subscriber connection for any other area in which there is vehicle traffic, the minimum height of the connection must be 4.9 metres.
Note The minimum heights in this section are derived from the current AS/CA s009: 2013 Australian Standards — Installation Requirements for Customer Cabling (Wiring Rules).