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Telecommunications Act 2001

Networks - Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology - Code

155J: General preconditions for statutory rights of access to apply

You could also call this:

"Rules to get fair access to telecom services"

Illustration for Telecommunications Act 2001

To get the statutory rights of access, you must meet some conditions. You need to have ordered an FTTP service from a retail provider after this law started, and the installation must affect one or more people. No one affected by the installation can be forced to pay for it without agreeing to it first. The company doing the installation must also be part of a dispute resolution scheme. If you want to know more about ordering FTTP services, you can see clauses 2 to 5 of Schedule 1AA, which explain how companies can treat orders placed before this law started, as changed by section 13 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017.

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Part 4Networks
Access to property, involving rights of multiple parties, to deploy fibre optic media and other technology: Code

155JGeneral preconditions for statutory rights of access to apply

  1. The general preconditions for the statutory rights of access given by this subpart to apply are that—

  2. a person has, after the commencement of this subpart, placed an order with a retail provider for an FTTP service to be installed; and
    1. the installation involves 1 or more affected persons; and
      1. no affected person is liable to pay for the costs of the installation, or part of those costs, without the affected person’s express agreement; and
        1. the FTTP service provider or network operator carrying out the installation is a member of the dispute resolution scheme.

          1. In relation to subsection (1)(a), see clauses 2 to 5 of Schedule 1AA, which provide for how FTTP service providers and network operators may treat orders for FTTP services placed before the commencement of this subpart (as replaced by section 13 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017), for the purpose of obtaining access to property.

          Notes
          • Section 155J: replaced, on , by section 13 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).