Commonwealth of Australia
Telecommunications Act 1997
Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No. 3 of 2015)
I, MALCOLM BLIGH TURNBULL, Minister for Communications, make the following Determination under subclause 6(3) of Schedule 3 to the Telecommunications Act 1997 and subsection 33(3) of the Acts Interpretation Act 1901.
Dated 21 August 2015.
MALCOLM BLIGH TURNBULL
Minister for Communications
_________________________________________________________________
1 Name of Determination
This Determination is the Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No. 3 of 2015).
2 Commencement
This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
3 Variation
The Telecommunications (Low-impact Facilities) Determination 1997 is amended as set out in the Schedule to this Determination.
4 Expiry
This Determination expires on the day after it commences as if it had been repealed by another legislative instrument.
Schedule Amendments
(Section 3)
[1] Section 1.3, after the definition of Aboriginal person
Insert
access terminal means a connector device that allows a line link to be connected to a drop cable.
[2] Section 1.3, after the definition of Act
Insert
amplifier means an enclosure (and any associated devices) which is used to amplify a signal along a telecommunications cable (whether such a cable is deployed overhead or underground).
[3] Section 1.3, definition of building connection equipment
Omit
[4] Section 1.3, definition of Designated Installation Period
Omit, and insert
drop cable means a cable (whether deployed overhead or underground) from an access terminal, optical node or splice enclosure to any of the following:
(a) a premises connection device;
(b) a network termination device; or
(c) a point of connection situated at an end user’s premises.
[5] Section 1.3, definition of HFC Trial Region
Omit, and insert
external building connection equipment means a facility which is:
(a) installed or attached to a multi-unit building; and
(b) used (or intended to be used at some future time) in the supply of carriage services to end users that are, or are to be, located in any of the following:
(i) the building to which the facility is installed or attached; or
(ii) nearby any related buildings.
[6] Section 1.3, definition of IEEE 1222-2011 Standard
Omit
[7] Section 1.3, after the note accompanying the definition of installation
Insert
internal building connection equipment means a facility which is:
(a) installed in a multi-unit building; and
(b) used (or intended to be used at some future time) in the supply of carriage services to end users that are, or are to be, located in any of the following:
(i) the building in which the facility is installed; or
(ii) nearby any related buildings.
[8] Section 1.3, definition of network termination unit
Omit, and insert
network termination device means a device which establishes a demarcation point between the carrier’s telecommunications network and customer cabling or customer equipment.
[9] Section 1.3, definition of optical fibre drop cable
Omit and substitute
optical node means an enclosure or device in which a telecommunications cable is connected:
(a) with one or more drop cables; or
(b) to an access terminal.
[10] Section 1.3, definition of optical fibre termination box (Type A)
Omit
[11] Section 1.3, definition of optical fibre termination box (Type B)
Omit
[12] Section 1.3, definition of power supply
Omit and substitute
power supply means a device that connects a network termination device, optical node or amplifier to a source or supply of electrical power.
premises connection device means an enclosure (and any associated devices) which is used to terminate a drop cable (whether such a cable is deployed overhead or underground) for the transition of that cable to another facility or in-building cabling.
[13] Section 1.3, after definition of significant environmental disturbance
Insert
splice enclosure means a device that is spliced to a drop cable or other line link, or otherwise connected to an access terminal.
[14] Section 1.3, after the note accompanying the definition of tower
Insert
underground network equipment means a device that is:
(a) located underground in a pit or conduit; and
(b) part of a network for the high speed carriage of communications.
[15] Column 2, Item 8 of Part 3 of the Schedule
Omit
Building connection equipment:
(a) the substantive volume of which is not more than 0.59 cubic metres; and
(b) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis; and
(c) that is installed at any time during the Designated Installation Period.
Insert
External building connection equipment:
(a) the substantive volume of which is not more than 0.59 cubic metres; and
(b) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.
[16] Column 2, Item 9 of Part 3 of the Schedule
Omit
In-building network equipment:
(a) the substantive volume of which is not more than 0.59 cubic metres; and
(b) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis; and
(c) that is installed at any time during the Designated Installation Period.
Insert
Internal building connection equipment:
(a) the substantive volume of which is not more than 1.3 cubic metres; and
(b) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.
[17] After Item 9 of Part 3 of the Schedule
Insert
10
In-building network equipment:
(a) the substantive volume of which is not more than 1.3 cubic metres; and
(b) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.
Residential
Commercial
Industrial
Rural
[18] Part 4 of the Schedule, heading
Omit the heading, and substitute
Part 4 Underground facilities (for fixed-line networks)
[19] Item 6, Part 4 of the Schedule
Omit the item, and substitute
6
Underground network equipment:
(a) the substantive volume of which is not more than 0.23 cubic metres; and
(b) that is, or is to be, part of a national network, used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.
Residential
Commercial
Industrial
Rural
[20] Part 4A of the Schedule
Omit the Part, and substitute
Part 4A Above ground facilities (for fixed-line networks)
Column 1
Item no.
Column 2
Facility
Column 3
Areas
1
A single line link or a bundle of line links:
(a) suspended above the surface of:
(i) land (other than submerged land); or
(ii) a river, lake, tidal inlet, bay, estuary, harbour or other body of water; or
(b) protruding from the surface of land (other than submerged land); and
(c) the maximum external cross-section of any part is:
(i) in the case of a single line link—48 millimetres;
(ii) in the case of a bundle of line links—48 millimetres;
(d) deployed on, or attached to, a public utility structure, building or other structure; and
(e) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.
Residential
Commercial
Industrial
Rural
2
Optical node:
(a) suspended above the surface of:
(i) land (other than submerged land); or
(ii) a river, lake, tidal inlet, bay, estuary, harbour or other body of water; and
(b) either:
(i) forming part of (or integrated with) a cable; or
(ii) clamped to, strung from, or otherwise affixed to a cable; or
(iii) mounted on a public utility structure, building or other structure;
(c) the substantive volume of which is not more than 0.21 cubic metres; and
(d) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.
Residential
Commercial
Industrial
Rural
3
Splice enclosure:
(a) suspended above the surface of:
(i) land (other than submerged land); or
(ii) a river, lake, tidal inlet, bay, estuary, harbour or other body of water; and
(b) either:
(i) forming part of (or integrated with) a cable; or
(ii) clamped to, strung from, or otherwise mounted on a public utility structure, building or other structure;
(c) the substantive volume of which is not more than 0.046 cubic metres; and
(d) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.
Residential
Commercial
Industrial
Rural
4
Access terminal:
(a) suspended above the surface of:
(i) land (other than submerged land); or
(ii) a river, lake, tidal inlet, bay, estuary, harbour or other body of water; and
(b) either:
(i) clamped to, strung from or otherwise affixed to a cable; or
(ii) clamped to, strung from, or otherwise mounted on a public utility structure, building or structure;
(c) the substantive volume of which is not more than 0.035 cubic metres; and
(d) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.
Residential
Commercial
Industrial
Rural
5
A single drop cable or a bundle of drop cables:
(a) either:
(i) suspended above the surface of:
A. land (other than submerged land); or
B. a river, lake, tidal inlet, bay, estuary, harbour or other body of water; or
(ii) protruding from the surface of land (other than submerged land); and
(b) either:
(i) clamped to an electrical drop cable or other cable; or
(ii) strung from a public utility structure, building or other structure; and
(c) attached to a building or other structure for the purposes of a subscriber connection;
(d) the maximum external cross-section of any part is:
(i) in the case where a single drop cable is attached to a single-unit building—13 millimetres; or
(ii) in the case where a bundle of drop cables is attached to a single-unit building—13 millimetres; or
(iii) in the case where a single drop cable is attached to a multi-unit building—30 millimetres; or
(iv) in the case where a bundle of drop cables is attached to a multi-unit building—30 millimetres; and
(e) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.
Residential
Commercial
Industrial
Rural
6
Premises connection device:
(a) attached to a building or other structure for the purposes of a subscriber connection;
(b) the substantive volume of which is not more than 0.04 cubic metres; and
(c) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.
Residential
Commercial
Industrial
Rural
7
Network termination device:
(a) attached to a building or other structure for the purposes of a subscriber connection;
(b) the substantive volume of which is not more than 0.02 cubic metres; and
(c) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.
Residential
Commercial
Industrial
Rural
8
Power supply:
(a) attached, clamped, strung from, or otherwise mounted, to a public utility structure, building or other structure for the purposes of powering network equipment and/or a subscriber connection;
(b) the substantive volume of which is not more than:
(i) 0.005 cubic metres – where connected to a network termination device;
(ii) 0.15 cubic metres – where connected to an optical node or amplifier; and
(c) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.
Residential
Commercial
Industrial
Rural
9
Amplifier:
(a) suspended above the surface of:
(i) land (other than submerged land); or
(ii) a river, lake, tidal inlet, bay, estuary, harbour or other body of water; and
(b) either:
(i) clamped to, strung from or otherwise affixed to a cable; or
(ii) clamped to, strung from, or otherwise mounted on a public utility structure, building or structure;
(c) the substantive volume of which is not more than 0.02 cubic metres; and
(d) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.
Residential
Commercial
Industrial
Rural
10
Auxiliary network equipment:
(a) which is used to:
(i) connect, isolate, or split a cable; or
(ii) inject power into cable; or
(iii) balance the distribution of power and radio frequency budget of a telecommunications network; or
(iv) actively manage the operational elements of a telecommunications network; and
(b) either:
(i) clamped to, strung from or otherwise affixed to a cable; or
(ii) clamped to, strung from, or otherwise mounted on a public utility structure, building or structure;
(c) the substantive volume of which is
not more than 0.002 cubic metres;
and
(d) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.
Residential
Commercial
Industrial
Rural
[21] Part 4B of the Schedule
Omit the Part
