Part 4Networks
Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology: Statutory right of access to multi-unit complexes
155DInterpretation
In this subpart, unless the context otherwise requires,—
affected person, in relation to property and a category 1 or category 2 installation,—
- means a person whose consent an FTTP service provider or a network operator would, but for this subpart, have to obtain before entering the property or carrying out the installation; and
- does not include the person who placed the order with a retail provider for the FTTP service to be installed
body corporate administered property means—
- a company share property:
- a unit title development:
- real property owned under another legal structure (if any) that—
- comprises 2 or more distinct units (for example, within a building) or a group of buildings used communally; and
- is administered by a body corporate
- comprises 2 or more distinct units (for example, within a building) or a group of buildings used communally; and
category 1 installation means a method of installation prescribed as a category 1 installation
category 2 installation means a method of installation prescribed as a category 2 installation
dispute resolution scheme has the same meaning as in section 155ZG
fibre-to-the-premises access network has the same meaning as in section 156AB
FTTP service means a telecommunications service delivered over fibre optic media to an end-user’s premises
FTTP service provider means the owner or operator of a fibre-to-the-premises access network
installing and carrying out an installation, in relation to fibre optic media or other prescribed technology, includes maintaining, repairing, and upgrading that media or technology
maintaining, repairing, or upgrading has the same meaning as in section 155ZD(5)
maintenance has the same meaning as in section 117
non-prescribed installation means a method of installation that is not prescribed as a category 1 or a category 2 installation
prescribed means prescribed by regulations made under section 155ZO or clause 16 of Schedule 3C
prescribed other technology means technology prescribed under section 155ZO(1)(b)
property means real property in respect of which more than 1 person has a legal right
unit owner includes a person who is a shareholder in a flat or office owning company (within the meaning of Part 7A of the Land Transfer Act 1952) and who has a licence to occupy or use a specified residential flat or office forming part of a building under a licence from the company
unit title development has the same meaning as in section 5(1) of the Unit Titles Act 2010.
- means a person whose consent an FTTP service provider or a network operator would, but for this subpart, have to obtain before entering the property or carrying out the installation; and
In this subpart, unless the context otherwise requires, a reference to a person who places an order for an FTTP service to be installed is a reference to the owner of the property (or, in the case of a body corporate administered property, the unit owner) to which the order relates, regardless of whether the owner places the order himself or herself or authorises another person (for example, a tenant) to place the order as agent on the owner’s behalf.
Notes
- Section 155D: replaced, on , by section 13 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).
- Section 155D(1) UFB initiative: repealed, on , by section 39(7) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).


