We’re seeking views on whether facilities and tower access provisions in the Telecommunications Act 1997, which promote infrastructure sharing between telecommunications carriers and infrastructure providers, are working effectively.
Why we want your input
With the recent transfer of mobile telecommunications towers to mobile network infrastructure providers, we want to ensure facilities and tower access regulations continue to support efficient infrastructure sharing.How you can voice your opinion
Read the Issues Paper and upload your submission using the ‘have your say’ button on this page. Alternatively, you can email your submission to: coord@COMMUNICATIONS.gov.auWhat will be the outcome of this consultation?
Your submission will help the Australian Government decide whether any amendments to facilities access regulations in the Telecommunications Act 1997 (or subordinate legislation) are needed to support infrastructure sharing.The Issue
Facilities and tower access regulations are designed to enable infrastructure sharing (or ‘co-locating’) between telecommunications carriers and infrastructure providers. Co-locating on existing infrastructure can provide significant cost, time and operational savings for carriers, making it easier for them to establish or expand their networks.
Under existing laws, telecommunications carriers and some infrastructure providers must grant other carriers access to infrastructure they own or operate, on terms that can be arbitrated by the Australian Competition and Consumer Commission (ACCC). In recent years, mobile network operators have sold passive mobile telecommunications infrastructure to specialist mobile network infrastructure providers. The current legislation does not require standalone mobile network infrastructure providers to provide carriers access to their facilities and towers. Some telecommunications providers have also queried whether the negotiate-arbitrate model remains fit for purpose in this context.
On 23 October 2023, the Australian Competition and Consumer Commission (ACCC) published its Regional Mobile Infrastructure Inquiry report. It considered the recent sale of tower assets by mobile network operators to mobile network infrastructure providers, which highlights the potential for facilities access regimes to apply unevenly to these companies.
In the report, the ACCC suggested the Australian Government review the facilities access regime to ensure it effectively promotes access to towers and associated infrastructure, and consider whether to extend facilities access provisions to cover all mobile network infrastructure providers.
The Issues Paper further explores issues relating to facilities and tower access. We are seeking views from interested parties on the issues outlined in the Discussion Paper, which includes a set of questions to help guide responses.
Relevant documentation
Participate
23 Feb 2024 12:00 AEDT
05 Apr 2024 23:59 AEDT
Closed
This consultation is closed.