I am aware that some inaccurate public statements have been made about the applicability of various sections of the Telecommunications (Infrastructure) Bill to mobile phone infrastructure and I am pleased to have this opportunity to clarify the position.
Section 7(2) of the Bill allows network operators to apply to the telecommunications infrastructure board for an order to compulsorily acquire a right over land for the establishment and maintenance of fixed telecommunications infrastructure, that is, infrastructure for the provision of fixed telecommunications services.
The definition of fixed telecommunications infrastructure in section 2 refers to the conveyance of signals "between defined fixed termination points". A mobile phone is not a fixed termination point and, therefore, there is no provision for the compulsory acquisition of a right over land under section 7 to establish and maintain antennae or antennae support structures for mobile telephony.
Apart from these provisions regarding compulsory acquisition of rights over land, one of the other purposes of the Bill is to encourage the sharing of infrastructure by operators, both fixed and mobile.
The Bill recognises, in the first instance, that infrastructure sharing is a matter for commercial negotiation among network operators. The Bill provides for the intervention by the Director of Telecommunications Regulation in disputes among network operators concerning sharing of infrastructure.
The Bill does not exclude the possibility that infrastructure established along a right of way compulsorily acquired by a fixed network operator could be shared with a mobile telephony operator. However, in many cases, the location requirements of fixed and mobile operators are different.
Furthermore, in the event of an agreement between a fixed operator and a mobile operator to share infrastructure along a compulsorily acquired right of way, the installation of any additional infrastructure may be governed by the terms and conditions of the acquisition order relating to the right of way or by the requirements of existing planning legislation which are not affected by the provisions of this Bill.
