#24328
Jimmy-T
Keymaster
Chat-starter

    As discussed in the original article, attaching non-vectoring NBN connections can be seen as a deterioration of your scheme’s telecoms infrastructure (because it can seriously interfere with the potential use of NBN Vectoring, meaning lower speeds for everyone).

    But this in not an issue that you want to have to trawl through the tribunal after half you building has connected to NBN via El-Cheapo Internet services. It’s better to head them off at the pass with a good by-law that makes it clear what your requirements are, and allows you to disconnect services that don’t comply.

    So here is a combination of a couple of versions of a usable by-law that you may be able to adapt for your strata scheme.

    If you think you can make this work for you, FIRST talk to your strata manager and, if they are not sure, get them to talk to a strata lawyer.  Do not attempt to push this through without legal or professional advice.

    On that note, I am indebted to our sponsors Strata Choice and our very good friends Grace Lawyers for the advice they have given us on this issue. If you are looking for professional or legal advice on this, you could do a lot worse than starting with them.

    Here are the bare bones of a by-law that might work for you:

    BY-LAW – INTERNET  VECTORING

    The Owners, Strata Plan No. XXXXX, pursuant to section 47 of the Strata Schemes Management Act 1996 make a by-law in the following terms:

    GRANT OF POWER

    In addition to the powers and obligations conferred on it pursuant to the Act, the owners corporation will be able to specify requirements for the use of the common property telecom infrastructure service.

    DEFINITIONS & INTERPRETATION 

    Act means the Strata Schemes Management Act 1996.

    Approved Use means the transmission of NBN service using Vectoring technology. Non-vectored NBN transmission is NOT an approved use.

    Building means the building situated at {Strata Scheme’s Address}.

    Copper Wires means the wire infrastructure service connecting lots to the main telecommunications junction/hub and NBN access point.

    ISP mean Internet Service Provider.

    Lot means any lot in strata plan XXXXXX.

    NBN means the national broadband network.

    Owner means the owner and/or occupier of a Lot.

    Owners Corporation means the owners  corporation  created  by the registration of strata plan no. XXXXX

    Vectoring means the method of file transfer, as defined by NBN, that employs the coordination of line signals for reduction of interference leading to improvesd performance.

    VDSL2 means Very-high-bit-rate digital subscriber line 2 access technology that exploits the existing infrastructure of Copper Wires.

    VDSL2 Provider means a provider of NBN services.

     

    CONDITIONS

    All VDSL2 (NBN) connections must be approved by the Owners Corporation.

    An Owner or occupier must not use the common property Copper Wires of the Owners Corporation for connecting to the NBN unless it is for an Approved Use.

    An Owner or occupier must not use the Copper Wires for a non-vectored NBN service at any time.

    In order to obtain the approval an Owner or occupier must provide the Owners Corporation with:

    • details of the type of NBN connection and the ISP; and
    • show that it is for the Approved Use, BEFORE the NBN is connected

    If an Owner or occupier fails to comply with these conditions, then the Owners Corporation may:

    request the Owner or occupier to comply with the terms of the by-law;

    be able to disconnect the non­prescribed service from the Copper Wires

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.