155BOverview

1. This subpart—

2. provides statutory rights of access that FTTP service providers and network operators may use to access private property that is subject to legal rights of multiple persons in order to install, maintain, repair, and upgrade fibre optic media in circumstances where, but for those rights, the service providers or network operators would need to obtain the consent of more than 1 person (an affected person) to enter the property and carry out that work (for example, where a driveway is shared by several neighbours, or where a building is a company share property or part of a unit title development); and
3. enables the statutory rights of access to be applied to service providers and network operators in order to install, maintain, repair, or upgrade prescribed other technology (see sections 155E and 155ZO(1)(b)); and
4. sets out general preconditions for the statutory rights of access to apply, including that the installation does not involve affected persons paying for any costs of the installation (see section 155J); and
5. sets out particular preconditions that an FTTP service provider or a network operator must satisfy before exercising the statutory rights, and provides that those preconditions—
   1. depend on whether the method that the service provider or network operator intends to use for installing the fibre optic media or prescribed other technology is prescribed as a category 1 installation or category 2 installation:
   2. require the service provider or network operator to give every affected person, and the person who placed the order with a retail provider for the FTTP service to be installed, a preliminary notice of its intention to enter property and carry out a category 1 installation, but do not require it to obtain the consent of any of those persons (see section 155K):
   3. require the service provider or network operator to give every affected person, and the person who placed the order for the FTTP service to be installed, a preliminary notice of its intention to enter a property and carry out a category 2 installation and, unless any affected person objects within the time allowed, deem each affected person to have consented to the entry and installation (see sections 155L to 155P):
   4. in the case of a body corporate administered property, require the service provider or network operator to satisfy the preconditions for a category 2 installation, regardless of whether the installation is a category 1 or a category 2 installation (see sections 155Q to 155X); and
6. provides for the grounds on which an affected person may object to a category 2 installation and, for body corporate administered properties, also provides additional grounds for objection (see sections 155N and 155T); and
7. in the case of a body corporate administered property,—
   1. provides a separate statutory right of access for FTTP service providers and network operators to enter the property in order to design installations (see section 155Q); and
   2. requires the body corporate to give to all owners of flats and units forming part of the property the body corporate’s reasons for objecting to an installation (see section 155W); and
8. provides for how FTTP service providers and network operators must exercise their statutory rights of access (see sections 155Z to 155ZB); and
9. for non-prescribed methods of installation, confirms that the rights that an FTTP service provider or a network operator has to enter property and carry out work for the purposes of the installation are the rights (if any) that it has under the general law and any relevant enactments (see section 155ZC); and
10. provides for statutory rights of access for FTTP service providers and network operators to re-enter property for the purpose of inspecting, maintaining, repairing, or upgrading all or part of a fibre-to-the premises access network if certain preconditions are met (see sections 155ZD and 155ZE); and
11. provides for a dispute resolution scheme to be established for resolving disputes relating to the statutory rights of access given by this subpart (see sections 155ZG to 155ZN and Schedule 3C); and
12. provides for methods of installation to be prescribed as category 1 or category 2 installations for the purposes of the subpart, depending on the impact that the method of installation may have on the property, and for other matters to be prescribed by regulations for the purposes specified in section 155ZO; and
13. grants the body corporate of a unit title development an exemption from the duty to maintain fibre networks installed as part of the UFB initiative (which would otherwise arise under the Unit Titles Act 2010) (see section 155ZP).

14. This section is a guide only to the general scheme and effect of this subpart.