Telecommunications Act 2001

Networks - Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology - Statutory right of access to multi-unit complexes

155D: Interpretation

You could also call this:

"What special words mean in the Telecommunications Act"

Illustration for Telecommunications Act 2001

When you read this part of the law, some words have special meanings. An affected person is someone who would normally have to give permission before someone enters their property or installs something. This does not include the person who ordered the fibre-to-the-premises (FTTP) service. You might see the term body corporate administered property, which refers to a type of property ownership, such as a company share property or a unit title development. A company share property is a building owned by a company that issues licences to shareholders to occupy or use flats or offices in the building, as described in Part 7A of the Land Transfer Act 1952. A unit title development has the same meaning as in section 5(1) of the Unit Titles Act 2010. Some installations are called category 1 or category 2 installations, which are methods of installation prescribed by regulations. There are also rules about what it means to install, maintain, or upgrade fibre optic media or other technology. Maintaining, repairing, or upgrading has the same meaning as in section 155ZD(5). Maintenance has the same meaning as in section 117. When you order an FTTP service, you are usually the owner of the property, or the unit owner if it is a body corporate administered property. This is true even if you ask someone else to place the order for you. The law also explains what is meant by terms like fibre-to-the-premises access network, FTTP service, and FTTP service provider. A fibre-to-the-premises access network has the same meaning as in section 156AB. A dispute resolution scheme has the same meaning as in section 155ZG.

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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

  1. In this subpart, unless the context otherwise requires,—

    affected person, in relation to property and a category 1 or category 2 installation,—

    1. 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
      1. 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—

        1. a company share property:
          1. a unit title development:
            1. real property owned under another legal structure (if any) that—
              1. comprises 2 or more distinct units (for example, within a building) or a group of buildings used communally; and
                1. is administered by a body corporate

                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

                    company share property means a building (including the land on which it is sited) owned by a flat or office owning company (within the meaning of Part 7A of the Land Transfer Act 1952) that issues licences to shareholders to occupy or use specified residential flats or offices forming part of the building

                    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.

                                            1. 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).