Building owners and telecommunications companies are gradually reaching agreements on access to enable installation of telecommunications facilities.
In Perth, QV1 has reached agreements with a number of carriers, including Davnet, Amcom, Vodafone, Optus and Telstra.
New entrants to the Perth market are also showing interest in QV1 and agreements are pending.
QV1 building services manager Trevor Nye said that new market entrants were proceeding quickly with their roll out of fibre.
“The more established carriers have been slower to enter agreements with owners but negotiations are continuing,” Mr Nye said.
Access by the companies was discussed at a recent Property Council forum which generated substantial interest from members.
Freehill Hollingdale and Page lawyer Paul Wilson advised the forum that telecommunications companies are legally entitled to access a property to install ‘low impact facilities’.
Low impact facilities can include cabling into an MDF room, installing racks and cabling up the risers to connect with subscribers’ equipment.
Some owners have expressed concern that there is insufficient room for all the telecommunications equipment being installed.
Owners can object to telecommunications companies accessing their property, on five grounds but cannot object simply because no payment is made by the carrier.
Disputes can be referred to the Telecommunications ombudsman John Pinnock who has authority to make a determination on the dispute.
There is no limit on the length of time the ombudsman can take to decide on a dispute, however the objection to the carrier under the terms of the Telecommunications Act provides that the objector has five working days to confirm the objection to the carrier.
