Part 4 Installing a subscriber connection underground: no third parties
Simplified outline of Part 4The rules for installing a subscriber connection that would not cross land owned by a third party are: The carrier must offer to install the connection underground The subscriber has an opportunity to pay for underground installation, based on a quote given by the carrier The carrier must install the connection underground if the subscriber or authority agrees to pay for it The carrier is not required to install the connection underground if the subscriber refuses to pay for it.
3.17 Application of Part 4
This Part applies if:
(a) a carrier proposes to install aerial cabling connecting a subscriber’s premises with its network; and
(b) the cabling will only cross land owned by the subscriber or the carrier.
3.18 Offer to install subscriber connection underground
(1) The carrier must offer:
(a) to install a subscriber connection underground if the subscriber agrees to pay for underground installation; and
(b) to give the subscriber an indicative price or quote for underground installation.
(2) The carrier is only required to make the offer in writing if the subscriber asks the carrier.
(3) If a relevant local government authority has told the carrier that it has proposals for paying any of the cost of a subscriber connection activity, the carrier must include a statement about the proposals in the offer.
3.19 Indicative price
(1) If the subscriber asks the carrier for an indicative price for underground installation, the carrier must give the subscriber an indicative price.
(2) The carrier is only required to give the indicative price in writing if the subscriber asks the carrier.
(3) The price must be based on the carrier’s estimate of the average difference in cost between aerial and underground installation.
3.20 Installation quote
(1) If the subscriber asks the carrier for a quote to install underground installation, the carrier must give the subscriber a quote.
(2) The carrier is only required to give the quote in writing if the subscriber asks the carrier.
(3) The quote must be based on the carrier’s estimate of the difference in cost between aerial and underground installation.
(4) The quote may specify the way in which underground installation would be carried out.
3.21 Aerial or underground connection
(1) If the subscriber accepts the carrier’s quote, the carrier must install the subscriber connection underground.
Part Part 4 - Telecommunications Code of Practice 2018 - Installing a subscriber connection underground: no third parties | Zoe
(2) If the subscriber agrees to aerial cabling, the carrier is not required to install the subscriber connection underground.
(3) If the subscriber refuses to accept the carrier’s quote, or does not accept the carrier’s quote in writing within 10 business days after being given the quote, the carrier is not required to install the subscriber connection underground.
Part 5 Installing a subscriber connection underground: third parties
Simplified outline of Part 5The rules for installing a subscriber connection that would cross land owned by a third party are: The carrier must offer to install the connection underground The subscriber has an opportunity to pay for underground installation for the subscriber and all affected third parties, based on a quote given by the carrier If the subscriber refuses to pay for underground installation, each third party has an opportunity to pay for installation under the third party’s land The carrier must install the connection under all land affected if the subscriber agrees to pay for it The carrier must install the connection under a third party’s land if the third party agrees to pay for it The carrier is not required to install the connection under land if neither the subscriber nor a third party agrees to pay for it.
3.22 Application of Part 5
This Part applies if:
(a) a carrier proposes to install aerial cabling connecting a subscriber’s premises with its network; and
(b) the cabling will cross land owned by a person other than the subscriber or the carrier (a third party).
3.23 Offer to install subscriber connection underground
(1) The carrier must offer:
(a) to install a subscriber connection underground if the subscriber agrees to pay for underground installation for all land that would be affected by the installation; and
(b) to give the subscriber an indicative price or quote for underground installation.
(2) The carrier is only required to make the offer in writing if the subscriber asks the carrier.
(3) If a relevant local government authority has told the carrier that it has proposals for paying any of the cost of a subscriber connection activity, the carrier must include a statement about the proposals in the offer.
3.24 Indicative price to subscriber
(1) If the subscriber asks the carrier for an indicative price for underground installation, the carrier must give the subscriber an indicative price.
(2) The carrier is only required to give the indicative price in writing if the subscriber asks the carrier.
(3) The price must be based on the carrier’s estimate of the average difference in cost between aerial and underground installation for all land that would be affected by the installation.
3.25 Installation quote to subscriber
(1) If the subscriber asks the carrier for a quote to install a subscribed connection underground, the carrier must give the subscriber a quote.
(2) The carrier is only required to give the quote in writing if the subscriber asks the carrier.
(3) The quote must be based on the carrier’s estimate of the difference in cost between aerial and underground installation for all land that would be affected by the installation.
(4) The quote may specify the way in which the connection would be installed.
3.26 Offer to third party
(1) This section applies if the subscriber:
(a) refuses in writing to accept the carrier’s quote; or
(b) does not agree in writing, within 10 business days after the subscriber was given the quote, to accept the quote for all land that would be affected by the installation.
(2) The carrier must offer:
(a) to install a subscriber installation underground for the third party’s land; and
(b) to give the third party an indicative price or quote for underground installation.
(3) The carrier is only required to make the offer in writing if the third party asks the carrier.
(4) If a relevant local government authority has told the carrier that it has proposals for paying any of the cost of a subscriber connection activity, the carrier must include a statement about the proposals in the offer.
3.27 Indicative price to third party
(1) If the third party asks the carrier for an indicative price for installing the subscriber connection under the third party’s land, the carrier must give the third party an indicative price in writing.
(2) The carrier is only required to give the indicative price in writing if the third party asks the carrier.
(3) The price must be based on the carrier’s estimate of the average difference in cost between aerial and underground installation for the third party’s land.
3.28 Installation quote to third party
(1) If the third party asks the carrier for a quote for installing the subscriber connection under the third party’s land, the carrier must give the third party a written quote.
(2) The carrier is only required to give the quote in writing if the third party asks the carrier.
(3) The quote must be based on the carrier’s estimate of the difference in cost between aerial and underground installation for the third party’s land.
(4) The quote may specify the way in which the connection would be installed.
3.29 Aerial or underground installation: subscriber’s land
(1) If the subscriber accepts the carrier’s quote for all land that would be affected by the installation, the carrier must install the subscriber connection under the subscriber’s land.
(2) If the subscriber refuses to accept the carrier’s quote, or does not accept the quote in writing within 10 business days after being given the quote, the carrier is not required to install the connection under the subscriber’s land.
3.30 Aerial or underground installation: third party’s land
(1) If the subscriber accepts the carrier’s quote for all land that would be affected by the installation, the carrier must install the subscriber connection under each third party’s land.
(2) If a third party accepts the carrier’s quote for installation under the third party’s land, the carrier must install the connection under the third party’s land.
(3) If the third party agrees to aerial cabling for the third party’s land, the carrier is not required to install the connection under the land.
(4) If subsection (1) does not apply, and the third party refuses to accept the carrier’s quote, or does not accept the carrier’s quote in writing within 10 business days after being given the quote, the carrier is not required to install the connection under the third party’s land.