ITP Techblog

The Ministry of Business, Innovation & Employment is consulting on options to change the rules telecommunications network operators must follow when accessing private property to deploy fibre networks.

According to the Ministry's discussion paper on the telecommunications rules:

This is the first time there has been the mass market deployment of a new utility into homes throughout New Zealand since electricity and copper phone lines were rolled out early last century. It is also the first time a utility deployment of such scale and complexity has been undertaken by private companies. It is fitting therefore that we take the time to examine whether the legislation that determines how telecommunications infrastructure is deployed is fit for purpose, consistent, and meets the needs of all parties.

Perhaps the most pressing issue to be considered are the rules governing how network operators access private property in instances where land is held in common ownership, or where the infrastructure needs to cross a third party's land, for example, when neighbours share a single driveway. We consider there is a need for a targeted and time limited intervention to facilitate the efficient mass market deployment of the consumer-access part of the UFB network. After the bulk of these connections are established the rights of network operators to install new connections would revert to how they are currently. 

The MBIE says evidence points to 15 per cent of Ultra-Fast Broadband (UFB) connections are being "unreasonably delayed" and as much as 5 per cent are being cancelled due to difficulties accessing private property for installations in shared driveways or apartment buildings. Current rules require written permission from all relevant property owners such as neighbours with shared ownership of a driveway.

The discussion paper proposes two alternatives "to move to a more efficient system" that, as long as certain conditions are met, would take it for granted that property owners consent to access if they do not raise objections within a specific time frame. 

Other reasons for the changes cited by MBIE include is to allow providers to deploy fibre alongside other utilitiy connections in existing infrastructure, such as electricity lines. There is also a push to give network operators ongoing rights of access to fibre infrastructure on private property, something not allowed to legacy telecommunications providers. And, lastly:

The Ministry is considering establishing an expanded disputes resolution service for telecommunications land access disputes. The purpose of this service will be to provide a fair and efficient process if there is disagreement about the application of the rules or if safeguards and conditions are not followed in respect of the proposals outlined above.

More detailed information, including the discussion document and a submission template form, is available on the Ministry's website .

Submissions on the Discussion Document Land Access for Telecommunications must be in writing and can be sent by email to [email protected] by no later than 5 p.m. 24 July.