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Demands by Pipe Networks/TPG to install network equipment in our building. Legally are they entitled to do this?
I am Secretary of a Strata Plan in Chatswood, NSW. We have an external Strata Manager.
Initially our Strata Manager was sent a letter by Global Utility Construction dated 1 August 2014, part of which read
“We would like to access the above building on behalf of PIPE Networks, a telecommunications Carrier Licence holder under the Telecommunications Act 1997 (Cth) & a subsidiary of telco TPG have identified existing customers currently serviced via leased Telstra copper cabling.
Our objective is to inspect the MDF common area for space to provide a Pipe Networks new fibre optic cable and cabinet in order to move existing and future customer over to the fibre optic delivered service. The installation of this Optic fibre cable and the cabinet will be at no cost to the building owner or tenants.
NOTE: Global Utility Constructions at this point have been contracted by Pipe Networks/TPG to conduct site surveys only.
NO construction, simply just an inspection.
Legally we will approach yourself and the building owner or other relevant parties in the future should space be available and the installation is to go ahead.
If you could provide a one-off temporary access time for Global Utility Construction that would be of great help and highly beneficial for any tenants who may have the slightest interest in a faster data speed and greater band width in the future.”
Our Strata Manager advised he believed they had the right (under the Telecommunications Act?) so we allowed an inspection. I provided access. In hindsight, this may not have been the best thing to do.
Subsequently, there was a registered letter sent to the Owners-Strata Plan (which had to be collected at the Post Office). Enclosed was a Land Access and Activity Notice (LAAN) under the Telecommunications Act 1997 (Cth )(Schedule 3 Clause 17) and the Telecommunications Code of Practice 1997 (Clause 4.27). They advise they will be starting work later in September (a specific date was given) and require access.
Our Strata Manager believes the Company has the right to demand access and perform the work. He or his staff have spoken to the Telecommunications Industry Ombudsman. The Strata Manager has about six buildings under his management who have received similar notices, although I don’t know if work has actually started yet.
I am concerned on several grounds, but do nor want the work performed because of possible future complications of which we may currently be unaware. It also seems wrong to me that we may be forced to do something which appears to be for the economic gain of TPG.
I have been given this link “broadband factsheet for property managers” by the Department of Communications, which includes a downloadable factsheet
This link gives some information about TPG’s strategy.
https://delimiter.com.au/2013/09/17/screw-nbn-says-tpg-well-fttb/
I have approached my Federal MP’s Office, who has referred on the matter to the Office of the Minister for Communications.
Has anyone else had this problem? Can anyone confirm whether we are obliged to allow this work to proceed even though we do not want it to?
Cheers
Maureen
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While I have no problem referring to and even linking to aricles in other publications, reprinting them wholesale (as this poster did) opens us up to all sorts of legal issues, not least if the original article was in some way defamatory.
Also, we have covered most strata issues in this forum and its related newspaper columns and a simple search would have found this article http://www.flatchat.com.au/broadband-providers-bashing-on-doors/ and this one http://www.flatchat.com.au/nbn-coming-to-your-block-like-it-or-not/ which, together with subsequent posts answer most of the issues raised without having to trawl through local newspapers for possibly confusing information.
And to answer the basic question, the advice given is that while the law doesn’t allow you to stop internet providers from checking your common property areas, you do not have to allow them to install their equipment on their terms and certainly not at the exclusion of other ISPs.
There’s a search window at the top of the page – use it and you will be surprised what you will find.
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.
@MaureenE said:
Thank you for your response JimmyYou say “And to answer the basic question, the advice given is that while the law doesn’t allow you to stop internet providers from checking your common property areas, you do not have to allow them to install their equipment on their terms”
I must say I did not quite take that implication from the two links you provided. The way I read it you could do things to slow down the process such as refusing access to electricity, but it was only a slow down of the process. Or perhaps you have further information?
Refusing electricity certainly sounds a good strategy, so that you.
Cheers
MaureenIt’s a bit more than slowing down but the principle is the same. A lawyer’s letter telling them that they can’t proceed without a clear understanding of what they plan to do and a written agreement will not only slow them down but bring them to the negotiation table. There are rival firms that may want to provide a similar service and a smart Owners Corp will play them off each other to get the best deal. Once one is in place, the others won’t be interested.
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.
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