Landowner objects to new telco infrastructure

The Issue

Telecommunications carrier Tulip Telco* wanted to access the rooftop of a high rise building to install telecommunications infrastructure to improve its network. Tulip Telco notified the landowner in advance, as required by Schedule 3 of the Telecommunications Act 1997 (Schedule 3) and the Telecommunications Code of Practice 2021 (the Code).

The landowner objected to the activity in writing to Tulip Telco. They were concerned about the potential impact of the proposed installation on the building structure, as well as appearance of the new infrastructure.

The Investigation

In response, Tulip Telco engaged independent experts to review the proposed installation, and it was confirmed the work would not pose a risk to the integrity of the building.

The landowner was not satisfied with Tulip Telco’s response and asked it to refer its objections to the Ombudsman.

The Ombudsman asked for further information to clarify that Tulip Telco had followed the steps in Schedule 3 and the Code to install telecommunications infrastructure on private land and assessed the objections.

The Outcome

The Ombudsman directed Tulip Telco to notify the landowner of its start and finish dates and to complete the proposed activity within the set timeframe, noting the carrier’s obligations to cause as little detriment and inconvenience and do as little damage as is practicable.

Otherwise, the Ombudsman was satisfied the landowner’s concerns were addressed by Tulip Telco meeting its obligations under Schedule 3 and the Code, including colour matching the proposed installation to its background, or in a colour agreed in writing between the carrier and the relevant local council.

After the Ombudsman’s decision, Tulip Telco was permitted to undertake the activity.

*Names of individuals, organisations and companies have been changed.