Australia’s regulator for broadcasting, the internet,

radiocommunications and telecommunications www.acma.gov.au

Accessing Buildings
to Install
Telecommunications
Facilities
 The Australian Communications and
Media Authority (ACMA) is the national
regulator of broadcasting, the internet,
radiocommunications and
telecommunications. ACMA supports and
encourages innovation in the communications
sector and promotes self-regulation, while
safeguarding the interests of consumers and
other users.
Australians expect to have access to safe,
reliable, high-speed communication services.
For the quality of communications services to
keep up with user expectations, the owners of
telecommunications equipment need to ensure
new services are rolled out where needed and
existing infrastructure is regularly
maintained.
However, there are rules outlining how and
when telecommunications carriers may access
buildings and land to undertake this work.

Carriers rolling out communications

infrastructure often face challenges in
accessing and installing
telecommunications facilities in existing
buildings, particularly multi-tenanted
commercial buildings. Building owners
also face challenges in responding to
carriers’ requests to access buildings to
install infrastructure.
ACMA has developed this brochure to
inform building owners, tenants and
carriers about their rights and
obligations under the
Telecommunications Act 1997 in
accessing buildings and land to install
telecommunications facilities.
Why access is needed
Telephone companies licensed as carriers by ACMA may seek
access to buildings with multiple tenants for the following
reasons:
• to provide telecommunications services, including broadband,
to tenants
• to install radiocommunications facilities to serve customers
outside the building
• to inspect the site to determine whether it is suitable for its
purposes or
• to maintain a facility located in or on the building.
As a result, the building owner and carrier or carriers need to
work together to coordinate the installation of the necessary
infrastructure.
Legislation, codes and guidelines
The Telecommunications Act provides the overarching
legislative framework governing carriers’ and building owners’
rights and responsibilities when rolling out both cable and
radiocommunications infrastructure in and on buildings. There
are also associated legislative instruments including the
Telecommunications (Low-impact Facilities) Determination 1997
and the Telecommunications Code of Practice 1997.
This legislative framework is further complemented by an
industry code and guideline prepared by Communications
Alliance, which was formerly the Australian Communications
Industry Forum (ACIF). The relevant code is known as industry
code, ACIF C564:2004 Deployment of Mobile Phone Network
Infrastructure and requires, among other things, that carriers
adopt a precautionary approach in the planning, installation and
operation of radiocommunications infrastructure and applies
consultation requirements to the installation of these.
Compliance with the industry code is enforceable by ACMA.
Communications Alliance has also developed an industry
guideline, ACIF G571:2002 Building Access Operations and
Installation, which building owners and carriers can agree to use
in conjunction with some of the statutory requirements set out in
the Telecommunications Act.
In addition, a best practice guide of relevance for industry
members is the Digital Building Telecommunications Access
Guideline, which has been published by the Australian Building
Codes Board to assist in planning spaces for telecommunications
services and making agreements for telecommunications access
in multi-tenanted buildings.
With the legislation, the ACIF code and guideline provide a
comprehensive framework for the responsive and responsible
rollout of telecommunications infrastructure.
4 5
Planning permissions and exemptions
For carriers seeking to install infrastructure, the general rule is
that they need to obtain local government planning permission
and comply with relevant state and territory planning laws.
However, carriers may install a limited range of facilities without
seeking planning approval. The most common of these are ‘low-
impact’ facilities.
LOW-IMPACT FACILITIES
The Low-impact Facilities Determination lists types of low-
impact facilities, for example:
• small radiocommunications dishes and antennae
• underground cabling and cable pits
• in-building subscriber connection equipment and
• public payphones.
The determination defines where these facilities can be installed,
based on location and zoning considerations. For example, a
facility that may be otherwise deemed low-impact in a rural or
industrial zone may not be low-impact if it is installed in a
residential area. Examples of designated low-impact facilities are
set out in an ACMA fact sheet, Installation of
telecommunications facilities – a guide for local government.
EXEMPTION FROM STATE AND TERRITORY
PLANNING LAWS
A carrier authorised under the Telecommunications Act to install
a low-impact facility is immune from some state and territory
laws, including planning and environmental laws.
This immunity applies during the inspection of land, the
installation of certain types of telecommunications facilities,
including low-impact facilities, and the maintenance of facilities.
However, while engaged in these activities, the carrier must
comply with the requirements in the Telecommunications Act
and the Telecommunications Code of Practice.
The immunity only applies to carriers, not to carriage service or
other service providers. For practical and commercial reasons,
carriage service and other service providers may need to enter
into agreements for building or land access.
Carriers’ rights
Under the Telecommunications Act, carriers have certain rights.
RIGHT TO INSPECT LAND
Carriers may enter onto and inspect land, and do anything on
that land that is necessary or desirable to determine whether the
land is suitable for their purposes.
RIGHT TO INSTALL LOW-IMPACT FACILITIES
Carriers have the right to install a low-impact facility.

RIGHT TO MAINTAIN TELECOMMUNICATIONS
FACILITIES
Carriers have the right to maintain a telecommunications facility
and may do anything necessary to maintain a facility, including
altering, removing or repairing it.
Carriers’ responsibilities
Carriers seeking to inspect land, install a low-impact facility or
maintain a facility must comply with Schedule 3 to the
Telecommunications Act and with the Telecommunications Code
of Practice. Schedule 3 specifies carrier responsibilities,
including requirements to:
• provide written notice to landowners and occupiers, before
beginning the activity
• do as little damage as practicable and act according to good
engineering practice
• take all reasonable steps to ensure the land is restored to a
condition similar to its condition before the activity began
• take all reasonable steps to ensure that the activity interferes
as little as practicable with the operations of a public utility
and
• maintain records about the type and location of certain
facilities.
The Telecommunications Code of Practice imposes additional
requirements on carriers, including requirements to:
• comply with any standard or code registered with ACMA
• ensure that the design, planning and installation of the facility
follow best practice and comply with ACMA or industry
codes or standards
• provide written notice to landowners and occupiers,
specifying the purpose for which the carrier intends to engage
in the activity and outlining the objection process, at least 10
business days before starting the activity (including
installation)
• when installing a low-impact facility between 10:00 pm and
7:00 am, make no more noise than allowed under the relevant
state or territory law applying to similar activities
• take all reasonable steps to make use of existing facilities for
the activity and
• make reasonable efforts to cooperate with other carriers and
public utilities undertaking similar activities on the same land
to minimise inconvenience and damage.
Objections by land owners or occupiers
Where a carrier serves a notice under the Telecommunications
Code of Practice to inspect land, install a low-impact facility or
maintain a facility, an owner or occupier may object to the
6 7
installation of a low-impact facility on their land only on the
following grounds:
• the use of the land for the installation
• the location of a facility on the land
• the date the carrier proposes to start the installation, engage
in it or stop it
• the likely effect of the installation on the land and
• the carrier’s proposals to minimise detriment and
inconvenience, and to do as little damage as practicable to the
land.
Strict timeframes apply to the objection process. An objection
under the Telecommunications Code of Practice must be made in
writing to the carrier at least five business days before the
commencement date for the installation on the carrier’s notice.
When an objection is made, the carrier must:
• attempt to resolve objections from landowners and or
occupiers and, where an objection cannot be resolved, refer
the objection to the Telecommunications Industry
Ombudsman (TIO) when requested to do so by the
landowner or occupier
• make reasonable efforts to consult with an owner or occupier
who makes a written objection (within five working days
after receiving the objection) and to resolve it, and
• respond to the objector in writing.
If the objection is not resolved, the objector can require the
carrier to refer the matter to the TIO. Once a carrier has
considered an objection and responded in writing, the objector
has nine business days after they receive the response to request
the carrier, in writing, to refer the objection to the TIO. The
carrier must comply with such a request.
The TIO may investigate the proposal and decide whether to
issue a direction to the carrier about the installation. Where the
TIO decides to issue a direction and that direction relates to the
way in which the carrier should engage in land entry activity, the
carrier must comply with that direction.
The TIO can also investigate complaints that a carrier has failed
to give the notice required by the Telecommunications Code of
Practice or about the way the carrier has entered the land. In
such cases, the complaint can be made directly to the TIO.
Compensation
An owner of a property, or a person with an interest in it, may be
entitled to compensation for any financial loss or damage caused
by a carrier entering and inspecting land, or installing or
maintaining a low-impact facility. A claim for compensation is
not a ground for objection under the Telecommunications Code
of Practice. If the amount of compensation cannot be agreed
between the parties, a court may decide on what is a reasonable
amount. Any party considering legal action should obtain their
own independent legal advice.
Installing in-building subscriber connection
equipment
As noted earlier, a carrier has rights under the
Telecommunications Act to enter another person’s property to
inspect the property and install and maintain low-impact
facilities, including in-building subscriber connection equipment.
In-building subscriber connection equipment is generally
unobtrusive infrastructure that includes facilities needed to
connect customers within a building to an existing
telecommunications network. For example, such a connection
may be a line from the boundary of an existing network
connected to a main distribution frame (MDF) and a second line
connecting the subscriber to that MDF. Network boundaries are
defined under section 22 of the Telecommunications Act.
An in-building subscriber connection must be housed in an
appropriate locality negotiated with the building owner, and be
installed according to provisions under Chapter 4 of the
Telecommunications Code of Practice.
Consequently, carriers needing access to a building to connect a
customer to their network must negotiate fairly the terms of that
access with the building owner. Schedule 3 to the
Telecommunications Act includes, if required, arrangements for
compensation for activities carried out under Schedule 3.
INDUSTRY GUIDELINE FOR IN-BUILDING
SUBSCRIBER CONNECTIONS
When installing in-building subscriber connection equipment,
those involved may decide to follow the processes set out in the
ACIF Building Access Operations and Installation Guideline in
conjunction with the statutory requirements set out in the
Telecommunications Act and the Telecommunications Code of
Practice. The guideline is a voluntary arrangement and carriers
can choose whether or not to follow it, and whether to follow it
in whole or in part. Where a carrier chooses not to follow it, the
carrier must still comply with the requirements of the Act and
Code of Practice.
In summary, the processes under the ACIF guideline are:
Pre-installation
• Carrier notifies owner’s representative of intent to inspect site
for survey.
• Owner confirms contact details and waives notification
rights—within two business days.
• Carrier contacts owner’s representative for simple inspection.
• Carrier meets owner’s representative on site and inspection is
held—within two business days.
8 9
• Owner’s representative supplies questionnaire, copies of
drawings and site plan, and building rules (any rules and
procedures applying to that particular building), highlighting
any special building issues.
• Carrier prepares a ‘site visit outcomes pack’, including a
completed questionnaire.
Installation
• Carrier issues proposal to owner’s representative (including
site visit outcomes pack and completed questionnaire).
• Owner’s representative accepts or rejects proposal within
three but no more than five business days. If proposal is
rejected, owner’s representative supplies amendments and a
further proposal is issued. Owner’s representative must reply
within two business days.
• If the proposal is accepted, installation may proceed. The
carrier’s representative provides two business days
notification of intention to commence installation and
supplies a program of works and access requirements to
owner’s representative.
• Owner’s representative arranges security and building access.
• Consent is required to access areas other than those agreed to
in the program of works.
• Carrier’s telecommunication facilities must comply with
ACMA’s electromagnetic energy (EME) regulatory
arrangements. Carriers should ensure all necessary permits
and trade licences are in place. Carriers are required to
comply with building occupational health and safety
guidelines set out in the ACIF Building Access Operations
and Installation Guideline.
Post-installation
• Carrier is to ensure all required certifications are provided to
the owner’s representative—within five business days of
completion.
• Carrier completes clean up and reinstatement, tags the facility
as its own and exits the site—within 10 business days of
completion.
Maintenance
• Carrier’s representative gives the owner’s representative two
business days’ notice of a scheduled maintenance activity on
site except where:
– the carrier and owner have other arrangements or
– no notice is required when maintenance is needed without
delay to maintain service or to protect the integrity of a
telecommunications network or facility, people’s health or
safety, or that of the environment or property.

Other matters
The Building Access Operations and Installation guideline also
sets out practical activities aimed at improvements in
circumstances where there are significant riser, equipment and
related space/management constraints.
Digital Building Telecommunications
Access Guideline
In 2006, the Australian Building Codes Board published the
Digital Building Telecommunications Access Guidlines (Digital
Building Guideline) as a best practice guide to help facilitate and
manage arrangements for access to buildings when providing
telecommunications services to tenants.
The Digital Building Guideline aims to support more
competitive broadband services and focuses on increasing
awareness and education about carrier telecommunications
infrastructure in CBD multi-tenant buildings. It includes
guidelines to manage the various expectations and outcomes for
tenants, building owners and managers and telecommunication
carriers and services providers. There are guiding principles for
building spaces and services and telecommunications access,
along with suggestions for communication network architecture
within buildings, and checklists. Where appropriate, the guide
refers to standards applying to size and spacing of the
communication network architecture.
As discussed earlier, carriers and carriage service providers
should negotiate fairly the terms of access with building owners
or managers. The Digital Building Guideline provides a guide to
the types of issues that could be addressed in any building access
agreement and sets out some optional terms and conditions.
None of those suggestions is mandatory, with the terms of any
agreement ultimately for the parties to decide.
The Digital Building Guideline can be purchased through the
Australian Building Codes Board website, www.abcb.gov.au.
Installing mobile phone base stations
Where a carrier seeks access to a building to install a mobile
phone base station for public mobile telecommunications
services, they need to comply with the ACIF Deployment of
Mobile Phone Network Infrastructure Code. The code is
registered under the Telecommunications Act and supplements
the regulatory regimes provided by the Commonwealth, states
and territories.
The code provisions apply to carriers’ fixed
radiocommunications infrastructure used to supply public mobile
telecommunications services such that the base station is capable
of inter-cell handover. Exempt radiocommunications
infrastructure is listed in the code.
The code requires carriers to apply a precautionary approach to
the design, operation and selection of sites for proposed mobile
phone base stations. There are many obligations on carriers in
relation to their base stations, including:
10
• designing and operating radiocommunications infrastructure
to minimise EME exposure
• providing information to the public on request about EME for
specific sites
• developing written procedures for site selection, including
taking account of the reasonable service objectives of the
carrier, the objective of avoiding community sensitive
locations, the availability of land and public utilities
• providing information to local government authorities on
network forward planning for the region if requested and
• turning off transmitters that are out of service.
The code’s consultation requirements do not apply to
infrastructure that falls within state and territory planning laws
and requires local development approval. In that case, it is
expected that there will be public consultation through the
development approval process. For carriers installing mobile
phone base stations at new sites that do not require development
approval, obligations may include:
• developing a plan for local community consultation, with
timeframes and signage
• complying with the consultation plan
• identifying community-sensitive locations
• identifying relevant community stakeholders
• consulting with the owner, occupiers, immediate residential
neighbours, interested and affected parties, occupiers of
community-sensitive locations and relevant community
stakeholders and
• providing the local government authority with a report about
the responses from those notified, the results of any other
consultation and the carrier’s intended actions regarding the
proposed work; with the report to be available to the public
on request.
Where a carrier intends to co-locate with an existing facility,
they must also, as a minimum, publish a notice of the proposed
work in a newspaper circulating in the area surrounding the
location. The notice must include the location and details of the
proposed work and invite submissions. The submission closing
date must be at least 10 days after the date the notice is
published. Before starting the work, the carrier must take
account of any submissions received from the public and local
government authority.
Under the industry code, when deciding on placement for a site,
carriers are required to consider community-sensitive locations
such as schools and hospitals, and balance this with factors such
as coverage objectives and engineering requirements. Further
information on carriers’ obligations is in the ACMA fact sheet,
Placement of mobile phone towers.
11
Specific requirements for carriers in working with local
government authorities are set out in the ACMA fact sheets
Installation of telecommunications facilities – a guide for local
government and The mobile phone network infrastructure code
and local government.
ACMA has produced a set of frequently asked questions (FAQs),
which explain what information communities can request about
a facility and how community members can make comments
about a proposed facility. The FAQs include information about
how to make a complaint if you think a carrier has not complied
with the code.
Where to complain
Objections under the Telecommunications Code of Practice
should be directed initially to the carrier, within the time limits
described earlier. Once a carrier has considered an objection and
responded in writing, the objector may make a written request to
the carrier to refer the objection to the TIO.
Objections may be made directly to the TIO when:
• a carrier has failed to give notice in accordance with the
Telecommunications Code of Practice or
• a carrier has refused to refer an objection to the TIO despite a
request from the owner/occupier or
• the objector is not satisfied with the carrier’s response to the
objection.
The TIO is unable to investigate land access complaints where
the complainant has not followed the correct objection
procedure, unless both parties have agreed to refer the matter to
the TIO.
The TIO has no jurisdiction to assess compensation for financial
loss or damage resulting from a carrier exercising statutory
powers under Schedule 3 of the Telecommunications Act. Under
Clause 42 of Schedule 3, failing agreement between a carrier and
landowner, a reasonable amount of compensation for ‘financial
loss or damage’ is to be determined by a court of competent
jurisdiction. The TIO is not a court of competent jurisdiction as
defined under Clause 42(3) of Schedule 3.
The TIO has jurisdiction over complaints about failure by a
carrier to take all reasonable steps to cause as little detriment,
inconvenience and damage as reasonably practicable. The TIO
can investigate a complaint where a carrier fails to restore the
property to a condition similar to its condition before the activity
began.
After completion of an investigation, the TIO may direct that the
carrier restore the land to a reasonable standard or reimburse the
complainant for remediation work required to be carried out.
In the absence of a conciliated settlement, the TIO has the power
to make a binding decision against a member carrier up to a
value of $10,000, or a recommendation up to $50,000.
12
If the total amount involved in a claim is more than $50,000, the
TIO may make a ‘finding of fact’, but cannot make a direction
or recommendation about compensation or other remedial action.
More information about this and the right of consumers to claim
compensation in certain circumstances is on the TIO website at
www.tio.com.au/FAQ/compensation.htm. If the claim is over
$50,000 and is well substantiated, other forms of dispute
resolution may be considered or actioned under clause 42 of
Schedule 3 to the Telecommunications Act.
Overhead cabling is not a low-impact facility. In installing aerial
cabling, a carrier is not exercising powers under Schedule 3 and
therefore the TIO does not have jurisdiction to consider an
objection to the installation of aerial cabling.
Subject to the rights to complain to the TIO, complaints
regarding alleged (or potential) breaches of Schedule 3 to the
Telecommunications Act may be directed to ACMA.
Complaints about an alleged breach of the Deployment of
Mobile Phone Network Infrastructure Code should be directed
initially to the relevant carrier. Should the matter fail to resolve,
the complaint may be directed to ACMA, with a copy of the
written complaint to the carrier and the carrier’s response.
See More information for contact details.
More information
INSTALLING TELECOMMUNICATIONS FACILITIES
• More information about installing telecommunications
facilities is on the ACMA website at www.acma.gov.au
(go to For licensees & industry: Licensing & regulation >
Telecommunications: Telecommunications regulation >
Infrastructure > Infrastructure - installation of facilities), or
contact ACMA’s EME and Telecommunications
Infrastructure Section on telephone (02) 6219 5555,
fax (02) 6219 5288, or email infrastructure@acma.gov.au.
LEGISLATION, REGULATIONS, CODES AND INDUSTRY
GUIDELINES
• A consolidated version of the Telecommunications Act 1997
(as amended) is on the Attorney-General’s Department
Comlaw website at www.comlaw.gov.au (put name and date
of the Act in the Find Current Law search field.)
• A consolidated version of the Telecommunications (Low-
impact Facilities) Determination 1997 (as amended) is also
on the Comlaw website (use the Find Current Law search
field).
• The Telecommunications Code of Practice 1997 (as
amended) in consolidated form is on the Comlaw website (go
to the Find Law by Number and Year field, select the
Legislative Instruments (2005+) category and key in the code
name and date in the Find Current Law field).
13
• The industry code, ACIF C564:2004 Deployment of Mobile
Phone Network Infrastructure, is on the Communications
ACMA offices
Alliance website at www.commsalliance.com.au. For more Canberra Central Office
information about the code, refer to the ACMA fact sheets, Purple Building, Benjamin Offices
Installation of telecommunications facilities – a guide for Chan Street, Belconnen
local government and The mobile phone network PO Box 78,
infrastructure code and local government, on the ACMA Belconnen ACT 2616
website at www.acma.gov.au (go to About ACMA: Tel: 02 6219 5555
Publications & research > ACMA publications > Fact sheets). Fax: 02 6219 5200

• The Digital Building Telecommunications Access Guidline is

Melbourne Central Office
Level 44, Melbourne Central Tower
available for purchase through the Australian Building Codes
360 Elizabeth Street, Melbourne
Board website at www.abcb.gov.au.
PO Box 13112 Law Courts
Melbourne Vic 8010
Tel: 03 9963 6800
FACT SHEETS AND FAQS
• FAQs about the industry code and about mobile telephony,
Fax: 03 9963 6899
health and the regulation of electromagnetic energy are on the
TTY: 03 9963 6948
ACMA website at www.acma.gov.au (go to For the public:
Consumer & community advice > Electromagnetic Radiation Sydney Central Office
(EMR) & safety > EME website > What should I know about Level 15, Tower 1 Darling Park
201 Sussex Street, Sydney
PO Box Q500
mobile phones > Frequently asked questions.
• The fact sheets, Placement of mobile phone towers, The Queen Victoria Building NSW 1230
mobile phone network infrastructure code and local Tel: 02 9334 7700, 1800 226 667
government, Installation of telecommunications facilities – a Fax: 02 9334 7799
guide for local government and Installation of
telecommunications facilities – a guide for consumers, are on New South Wales Region (including Canberra, Coffs
the ACMA website www.acma.gov.au (go to About ACMA: Harbour and Newcastle Operations Centres)
Publications & research > ACMA publications > Fact sheets. PO Box Q500
Queen Victoria Building NSW 1230
• Information about electromagnetic energy, including fact Tel: 1300 850 115
sheets, is on the ACMA website and on the Australian Fax: 02 9245 4099
Radiation Protection and Nuclear Safety Agency Email: nswro@acma.gov.au
(ARPANSA) website at www.arpansa.gov.au/rad_health.htm.
Southern Australia Region (including Adelaide, Hobart
and Wodonga Operations Centres)
PO Box 13120 Law Courts
TELECOMMUNICATIONS INDUSTRY OMBUDSMAN
For information about the TIO’s role in dealing with low-impact
facilities, contact the TIO on telephone (toll free) 1800 062 058 Melbourne Vic 8010
or see the TIO website at www.tio.com.au and go to About Us > Tel: 1300 850 115
Policies & Procedures > Part C: TIO Position Statements > Land Fax: 03 9963 6989
Access. There is also FAQ information on low-impact facilities Email: saro@acma.gov.au
on the TIO website under Home > Residential & Small Business
Consumers > Frequently Asked Questions > Land Access). See
Northern Australia Region (including Cairns, Darwin,
also the TIO newsletter, TIO Talks, 34, July 2005 for other
Rockhampton and Townsville Operations Centres)
PO Box 288
relevant articles. Red Hill Qld 4059
Tel: 1300 850 115
Fax: 07 3247 7100
Email: naro@acma.gov.au
Western Australia Region
PO Box 6189

Tel: 1300 850 115

Perth Adelaide Terrace WA 6832

Fax: 08 9461 2100

Email: waro@acma.gov.au

14 15
© Commonwealth of Australia 2007

This work is copyright. Apart from any use as permitted

under the Copyright Act 1968, no part may be reproduced
by any process without prior written permission from the
Commonwealth. Requests and inquiries concerning
reproduction and rights should be addressed to the
Manager Communications and Publishing,
Australian Communications and Media Authority,
PO Box 13112 Law Courts, Melbourne Vic 8010.

ISBN 0 642 783 50 0

Please note: This document is intended as a guide only and

is considered correct at the time of publishing. For this
reason, the information contained here should not be relied
on as legal advice or regarded as a substitute for legal
advice in individual cases.

www.acma.gov.au